# RCW 35.82.040: RCW 35.82.040: Appointment, qualifications, and tenure of commissioners > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S040 ## Section - **Citation:** RCW 35.82.040 - **Heading:** RCW 35.82.040: Appointment, qualifications, and tenure of commissioners - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 35 / Chapter 82 / Section 040 ## Text Except as provided in RCW 35.82.045 , when the governing body of a city adopts a resolution declaring that there is a need for a housing authority, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for the city. When the governing body of a county adopts a resolution declaring that there is a need for a housing authority, it shall appoint five persons as commissioners of the authority created for the county. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created, unless the commissioner is an employee of a separately elected county official other than the county governing body in a county with a population of less than one hundred seventy-five thousand as of the 1990 federal census, and the total government employment in that county exceeds forty percent of total employment. A commissioner shall hold office until a successor has been appointed and has qualified, unless sooner removed according to this chapter. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his or her services for the authority, in any capacity, but he or she shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties. The powers of each authority shall be vested in the commissioners thereof in office from time to time. Except as provided in RCW 35.82.045 , three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. The mayor (or in the case of an authority for a county, the governing body of the county) shall designate which of the commissioners appointed shall be the first chair of the commission and he or she shall serve in the capacity of chair until the expiration of his or her term of office as commissioner. When the office of the chair of the authority becomes vacant, the authority shall select a chair from among its commissioners. An authority shall select from among its commissioners a vice chair, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. If federal law requires that the membership of the board of commissioners of a local authority contains one member who is directly assisted by the authority, the board may by resolution temporarily or permanently increase its size to six members. The board may determine the length of the term of the position filled by a directly assisted member. A person appointed to such a position may serve in that position only as long as he or she is directly assisted by the authority. ## Nearby sections - [RCW 35.82.010 RCW 35.82.010: Finding and declaration of necessity.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S010.md) - [RCW 35.82.020 RCW 35.82.020: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S020.md) - [RCW 35.82.030 RCW 35.82.030: Creation of housing authorities.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S030.md) - [RCW 35.82.040 RCW 35.82.040: Appointment, qualifications, and tenure of commissioners.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S040.md) - [RCW 35.82.045 RCW 35.82.045: Cities with a population of four hundred thousand or more—Appointment of additional commissioners—Appointment, compensation of commissioners—Organization of authority.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S045.md) - [RCW 35.82.050 RCW 35.82.050: Conflicts of interest for commissioners, employees, and appointees.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S050.md) - [RCW 35.82.060 RCW 35.82.060: Removal of commissioners.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S060.md) - [RCW 35.82.070 RCW 35.82.070: Powers of authority.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S070.md) - [RCW 35.82.076 RCW 35.82.076: Small works roster.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S076.md) - [RCW 35.82.080 RCW 35.82.080: Operation not for profit.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S080.md) - [RCW 35.82.090 RCW 35.82.090: Rentals and tenant selection.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S090.md) - [RCW 35.82.100 RCW 35.82.100: Cooperation between authorities.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S100.md) - [RCW 35.82.110 RCW 35.82.110: Eminent domain.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S110.md) - [RCW 35.82.120 RCW 35.82.120: Planning, zoning and building laws.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S120.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T35_C82_S040. Check the current official text before relying on it. Not legal advice.