N.J. Admin. Code § 5:44-3.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:44-3.1 - Employment requirements for executive directors

(a) The housing authority or redevelopment agency shall appoint and employ an individual as executive director, who shall be its secretary. The executive director shall serve at the pleasure of the board or, at the discretion of the board, may serve under a contract entered into pursuant to P.L. 1999, c. 240, 40A:12A-18. The executive director may be relieved of his or her duties only after not less than 120 days' notice.

1. No more than three housing authorities may jointly employ and share the management services of an executive director qualified under 40A:12A-18 upon the written consent and agreement of the involved authorities and the executive director, who shall divide his or her time among the authorities.

i. The shared services agreement shall remain in effect so long as the arrangement is not adverse to the efficient management of the facilities or the services provided to residents. A board may terminate the agreement in accordance with provisions in the shared services contract upon a determination that the operation and management of the authority fails to meet the board's objectives.

2. To avoid a conflict of interest, an authority shall not contract for services or staff with a management company in which the authority's executive director is a principal or an employee of that company.

(b) Housing authorities and redevelopment agencies shall observe the following when appointing executive directors:

1. The authority or agency shall not employ a current or former member of the board throughout the member's tenure and for one year thereafter.

2. A new executive director shall be appointed within four months from when the former director vacates office. Upon request, the Department may authorize a longer period only if it determines that circumstances warrant.

3. Employment advertisements specifying the requisite executive director qualifications shall be published in at least one regional newspaper. Authorities that exceed 300 units shall also advertise the position in a national periodical or professional journal.

4. The Department shall review and certify the qualifications of a prospective executive director prior to employment; and

5. The authority or agency shall retain documentation that a thorough employment search was performed by retaining copies of advertisements, meeting minutes, resumes submitted, salary requests and offers. Upon request, these documents shall be made available to the Department for inspection.

(c) To ensure the effective management and operation of housing authorities and redevelopment agencies, 40A:12A-12 and 18 establish that an executive director shall have attained the following educational and experience requirements:

1. A baccalaureate or advanced degree from an accredited four-year college or university in public administration, social science, or other appropriate program, such as urban planning, community development, finance, or business administration; and

2. At least five years' experience in public administration, public finance, real estate management, or other similar professional employment appropriate to the management of multifamily housing units or redevelopment projects.

i. Attainment of a masters' degree in an appropriate program may be substituted for two years of experience.

(d) To ensure that executive directors of local housing authorities and municipal redevelopment agencies satisfy the minimum requirements, the DCA Commissioner shall expeditiously review the credentials and qualifications of candidates for the position of executive director prior to appointment. The DCA Commissioner may, at his or her discretion, seek advisory input from other organizations in conducting the review.

1. The authority or agency shall submit for Department review the credentials of a candidate prior to an appointment. A copy of the candidate's college diploma or transcript identifying major area of study and resume, with detailed work experience, major responsibilities and length of time expended, name and location of college or university, date of graduation, and any other appropriate qualifications and certifications necessary to support a determination, shall be sent to the New Jersey Department of Community Affairs, Division of Housing and Community Resources, Fifth Floor, PO Box 806, Trenton, New Jersey 08625-0806 Attention: Housing Authority Unit.

2. The DCA Commissioner shall notify the local housing authority or municipal redevelopment agency of the approval or denial of a candidate's qualifications within two weeks of receipt of the required candidate information and documentation.

(e) Executive directors of housing authorities or redevelopment agencies employed in that capacity before June 5, 1995, may, at any time, themselves request written certification for the education and experience requirements upon submission of their credentials to the Department. The Department shall review the request and accompanying credentials and provide a "Precertification of Education and Experience" to an executive director who satisfies the statutory requirements. Said precertification shall evidence the satisfaction of the employment criteria set forth in 40A:12A-12 and 18.

1. The authority or agency board shall notify the Department of the appointment of a pre-certified executive director to the position within two weeks of the appointment.

(f) Appointments made in disregard of the requirements or the Department's determination that a candidate is not qualified shall constitute a violation of these rules, punishable as indicated at 5:44-3.4.

N.J. Admin. Code § 5:44-3.1

Amended by R.2000 d.61, effective 2/22/2000.
See: 31 New Jersey Register 3250(a), 32 New Jersey Register 690(a).
Rewrote the section.