HomeMy WebLinkAboutMHC 04/05/2023IuE
Minutes of the Public Hearing of the Proposed -,At 'YD
OFFICE
Plan and Regular Meeting of the Mansfield Housing
Authority held at 22 Bicentennial Court andMa.IAIT 10 P 3: 26
GoToMeeting on I A I, 'Si- IFI D
Wednesday, April 5, 2023, at 7:00 PM CHUSFTTS
The Members of the Mansfield Housing Authority met in Regular Session in person
and by video conference at 7:00 PM.
The Meeting was called to order by the Vice Chairman, William Snyder at 7:00 PM
and upon roll call, those present and absent were as follows:
Present: Absent:
William Snyder Kevin Doyle
Kenneth Tucker
Mary Kate Flynn
Olivier Kozlowski
Also present was the Executive Director, Andrea McDougall, and 7 residents and
no remote callers.
A copy of the Notice of Meeting, pursuant to Section 23A of Chapter 39 of the
General Laws, with the Certificate as to Service of Notice of Meeting attached
thereto was read and ordered spread upon the Minutes of the Meeting and filed for
record.
NOTICE OF MEETING
Notice is hereby given in accordance with Section 23A of Chapter 39 of the
General Laws that a Meeting of the Mansfield Housing Authority will be held online
via GoToMeeting at 7:00 PM on March 1, 2023.
CERTIFICATE AS TO NOTICE OF, MEETING
(Section 23A, Chapter 39, General Laws)
I, the undersigned, the duly appointed qualified Executive Director of the Mansfield
Housing Authority do hereby certify that on March 30, 2023, 1 caused to be filed, in
the manner provided by Section 23A, Chapter 39, General Laws, with the Clerk of
the Town of Mansfield, Massachusetts, a Notice of Meeting of which the foregoing
is a true and correct copy.
IN TESTIMONY HEREOF, I have set my hand this 111h day of April 2023.
Andrea McDougall, _ cutive Director & Acting Secretary
22 Bicentennial Court Mansfield, MA 02048 (508) 339-6890 Fax:(508) 339-4956
The Vice Chairman requested Commissioner Kozlowski to lead the group in
the Pledge of Allegiance.
A Motion was made by Mr. Kozlowski and seconded by Ms.
Flynn to Approve Warrant #419 for the Month of March 2023
in the Amount of $345,623.99.
Upon Vote, the Motion passed by a Vote of 4 to 0.
A Motion was made by Ms. Flynn and seconded by Mr. Tucker
to approve the Minutes of the March 1, 2023, Regular Monthly
Board Meeting.
Upon Vote, the Motion passed by a Vote of 4 to 0.
A Motion was made by Mr. Kozlowski and seconded by Ms.
Flynn to accept the Executive Director's Report and Resident
Service Coordinator Report.
Commissioner Kozlowski asked if the Executive Director could elaborate on the
Foster Youth to Independence Program. The Executive Director stated that HUD
had issued a Notice of Funding Availability targeting homeless people that were
exiting the foster care program. The Director explained that the Housing Authority
would qualify to administer the program if the Housing Authority partnered with a
Public Child Welfare Agency. She explained that there was interest expressed by
the ARC of Bristol County and that more information and to have the Board
approve to administer the program would come at a later date.
The Executive Director made a point to acknowledge a letter submitted to the
Board, praising the Resident Service Coordinator and the work she does on behalf
of the community.
Upon Vote, the Motion passed by a Vote of 4 to 0.
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A Motion was made by Mr. Kozlowski and seconded by Ms.
Flynn to Approve of the Balance Sheets and Financial Reports
as of February 28, 2023, as Prepared by the Fee Accountant.
Upon Vote, the Motion passed by a Vote of 4 to 0.
A Motion was made by Mr. Kozlowski and seconded by Mr.
Tucker to Approve the 2023 Minimum Wage Rates from the
Department of Labor Standards.
Mr. Kozlowski asked if the wage rates sent by the state were mandatory to
implement. The Executive Director stated that the Maintenance Mechanic rate is
mandatory but the rate for the Maintenance Supervisor was an increase of $2.00
per hour over the mandatory rate to compensate for the Supervisor responsibilities.
Upon Vote, the Motion passed by a Vote of 4 to 0.
A Motion was made by Ms. Flynn and seconded by Mr.
Kozlowski to Approve the Mansfield Housing Authority
Grievance Policy.
The Executive Director stated that the current policy had been
approved by a previous Housing Authority Board in 2000 and
she felt the Board should review and approve the addition of
Grievance Officer.
Upon Vote, the Motion passed by a Vote of 4 to 0.
The Policy reads as follows:
22 Bicentennial Court Mansfield, MA 02048 (508) 339-6890 Fax:(508) 339-4956 3
MANSFIELD HOUSING AUTHORITY
22 BICENTENNIAL COURT
MANSFIELD, MA. 02048
GRIEVANCE PROCEDURE
Board Approval — September 11, 2000
Board Reviewed April 5, 2023
DHCD Approval — August 6, 2001
Part A
I. General Overview
A. Department of Housing and Community Development (DHCD)
regulations (760 CMR 6.08) require each local housing authority
(LHA) to have a grievance procedure of which the purpose shall be
the prompt and reliable determination of grievances. The
procedure must be available to state -aided public housing tenants,
participants in the Massachusetts Rental Voucher Program
(MRVP) and the Alternative Housing Voucher Program (AHVP),
and to individuals who fileappeals pursuant to 760 CMR 8.00
(Privacy and Confidentiality).
B. A grievance is defined as: (1) an allegation that an LHA or an LHA
employee has acted or failed to act in accordance with the tenant's
lease or any statute, regulation, or rule regarding the conditions of
tenancy and the alleged action or failure to act has adversely
affected the status, rights, duties or welfare of the grievant and/or
household member: (2) an allegation that an LHA or an LHA
employee has acted or failed to act in accordance with any statute,
regulation, or rule regarding the program and that the alleged
action or failure to act has adversely affected the status, rights,
duties, or welfare of the grievant or household member; or (3) an
appeal by a data subject pursuant to 760 CMR 8.00.
c. The meaning of a statute, regulation or rule shall not be the subject
of a grievance. A dispute between a tenant and another tenant or
household member, in which the LHA is not involved, shall not be
the subject of a grievance. A grievance shall not be filed by a
tenant on behalf of another tenant or any household member of
another tenant.
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2. Initiation of a Grievance
A. A grievance regarding whether good cause exists for terminating
a lease shall be initiated by a tenant, in writing, and shall be
mailed (postmarked), or delivered to the LHA at its main office
within seven (7) days after a notice of lease termination has been
given to the tenant by the LHA.
B. A grievance regarding whether cause exists for terminating
participation in the MRVP or AHVP shall be initiated by a program
participant, in writing, and shall be mailed (postmarked) or
delivered to the LHA at its main office within seven (7) days after a
notice of program termination has been given to the tenant by the
LHA.
c. A grievance regarding some other matter shall be initiated by a
grievant in writing and shall be mailed (postmarked) or delivered to
the LHA at its main office no more than fourteen (14) days after the
date on which the grievant first became aware or should have
become aware of the subject matter of the grievance, provided the
LHA shall have discretion to permit a grievance to be initiated late.
D. In the event that a tenant files a grievance as to the amount of a
redetermined rent within fourteen (14) days of the LHA's notice of
the redetermined rent, the tenant shall continue to pay the rent then
in effect (unless the redetermined rent is lower) until final
disposition of the grievance. Upon final disposition of the grievance,
the tenant shall pay any additional amounts determined to have
been due but not paid since the effective date set out in the notice of
redetermined rent or the LHA shall credit the tenant with any amounts paid but
determined not to have been due.
E. The LHA shall permit additional time for initiation of a grievance if
the LHA shall find that there was a_good reason for late initiation of
the grievance and that the late initiation would not cause prejudice
to the LHA. The LHA shall have available forms on which a
grievance may be initiated.
3. Informal Settlement Conference
Promptly after the initiation of a grievance, unless otherwise provided, the LHA's
Executive Director or his or her designee shall give the grievant the opportunity
to discuss the grievance informally in an attempt to settle the grievance without
the necessity of a grievance hearing. The LHA shall give reasonable advance
notice to the grievant and his or her representative (if any) of a time and place for
an informal settlement conference, unless such a conference shall have taken
place when the grievance was delivered to the LHA. At the informal settlement
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conference, the LHA and the grievant may be represented by a lawyer or by a
non -lawyer. If the grievance is resolved at the informal settlement conference,
the LHA and grievant shall acknowledge the terms of the resolution in writing. If
the grievance is resolved at the informal settlement conference no grievance
hearing shall be held. If a grievance is not resolved at the informal conference, a
grievance hearing shall be held. Failure to attend an informal settlement
conference shall not affect a grievant's right to a grievance hearing.
4. Right to a Hearina
A. The LHA's Hearing Officer shall conduct hearings on grievances
filed by a public housing tenant, a program participant, or a data
subject concerning a grievable matter, provided that no grievance
hearing regarding whether good cause exists for terminating a
lease shall be requested or held under any of the circumstances
specified in MGL c.121 B, 32, including the following
circumstances:
(i) in the event of non-payment of rent;
(2) in the event the LHA has reason to believe that tenant
or household member:
a. has unlawfully caused serious physical harm to
another tenant or employee of the LHA or any other
person lawfully on the LHA's property;
b. has unlawfully threatened to cause serious physical
harm to any member of a tenant household or an
LHA employee or any person lawfully on the LHA,
property;
c. has unlawfully destroyed, vandalized or stolen
property of any member of a tenant household or of
the LHA or of any person lawfully on the LHA's
property, if such conduct involved a serious threat to
the health or safety of any such person;
d. has unlawfully possessed, carried or kept a weapon
on oradjacent to the LHA's property in violation of
MGL c.269 10;
e. has unlawfully possessed or used an explosive or
incendiary device on or adjacent to LHA's property or
has otherwise violated MGL c.266 101,102,102A or
1026;
f, has unlawfully possessed, sold or possessed with
intent to distribute a class A, B or C controlled
substance, as defined in MGL, c.94C 31, on or
adjacent to the LHA's property;
g. has engaged in other criminal conduct which has
seriously threatened or endangered the health or
safety of any member of a tenant household, an LHA
employee, or any person lawfully on the LHA's
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property, or
h. has engaged in behavior which would because for
voiding the lease pursuant to the provisions of MGL,
c139, 19; or
(3) in the event the LHA has reason to believe that a guest of
a tenant or a guest of a household member has engaged
in any of the behavior listed in subparagraph 4 A (2) and
that the tenant knew beforehand or should have known
beforehand that there was a reasonable possibility that the
guest would engage in misconduct.
S. Hearing Date and Notice of Hearino
A. The LHA shall schedule a grievance hearing regarding whether
good cause exists for terminating a lease within fourteen (14) days
after the date on which the LHA receives the grievance. At such
time, the LHA shall set a date for the hearing no more than thirty
(30) days from the date of the request for a grievance hearing (or
as soon as reasonably practical thereafter) and at least fifteen (15)
days prior to the date of termination. The LHA shall give grievant
written notice of the date, time and place at least seven (7) days
before the hearing. At the grievance hearing any additional
reason(s) for termination of the lease, which arose subsequent to
the date of the notice of termination, shall be considered so long as
the LHA has given written notice to the grievant as to the additional
reasons(s) not less than three (3) days before the hearing, or, if the
additional reason(s) for termination shall have arisen within such
three (3) day period, a subsequent session of the hearing may be
scheduled on not less than three (3) days notice to consider such
reason(s). In lease terminations if grievant is entitled to request a
grievance hearing and has made a timely request, the LHA shall
not file a summary process summons and complaint seeking an
eviction pending the hearing and a decision or other resolution in
the LHA's favor.
B. A hearing of a grievance regarding an issue other than lease
termination shall be scheduled as soon as reasonably convenient
following receipt of the grievance. The LHA shall give reasonable
advance written notice of the time and place of the hearing to the
grievant and to his or her representative, if any is known.
c. The LHA or the Hearing Officer may reschedule a hearing by
agreement of the LHA and the grievant; or upon a showing by
the grievant or by the LHA that rescheduling is reasonably
necessary.
6. Pre-Hearino Examination of Relevant Documents
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Prior to a grievance hearing the LHA shall give the grievant or his or her
representative a reasonable opportunity to examine LHA documents which are
directly relevant to the grievance. Following a timely request, the LHA shall
provide copies of such documents to grievant and for good cause (including
financial hardship), may waive the charge for the copies.
7. Persons Entitled to be Present
The grievance hearing shall be private unless the grievant requests that it be
open to the public. If the grievant requests an open hearing, the hearing shall be
open to the public unless the Hearing Officer of the grievance panel otherwise
orders. The LHA and the grievant shall be entitled to specify a reasonable
number of persons who may be present at a private hearing. A challenge to the
presence of any such person shall be decided by the Hearing Officer. At the
grievance hearing, the LHA and the grievant may be represented by a lawyer or
by a non -lawyer. Each person present at the hearing shall conduct himself or
herself in an orderly manner or he or she may be excluded. If the grievant
misbehaves at the hearing, the Hearing Officer by majority vote may take other
appropriate measures to deal with the misbehavior including dismissing the
grievance.
8. Procedure at Grievance Hearinas
The Hearing Officer shall conduct the grievance hearing in a fair manner without
undue delay. The Hearing Officer shall initially take appropriate steps to define
the issues. Thereafter, relevant information, including testimony of witnesses
and written material, shall be received regarding such issues. Both the grievant
and the LHA shall be entitled to question each other's witnesses. Procedure at
the hearing shall be informal, and formal rules of evidence shall not apply. The
hearing shall be tape recorded. The Hearing Officer may question witnesses and
may take notice of matters of common knowledge and applicable laws,
regulations and LHA rules and policies. The Hearing Officer members may
request the LHA or the grievant to produce additional information which is
relevant to the issues or which is necessary for a decision to be made provided
that the other party is provided an opportunity to respond to such additional
information.
The tape(s) of the hearing shall be maintained by the LHA until any applicable
appeals have been decided. During that time grievant and or his or her
representative may listen to the tapes at the LHA 's offices.
9. Written Decision by the Grievance Panel
Within fourteen (14) days following the hearing or as soon thereafter as
reasonably possible, the Hearing Officer shall provide the LHA with a written
decision on the grievance, describing the factual situation and ordering whatever
relief, if any, that shall be appropriate under the circumstances and under
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applicable laws, regulations, rules and/or policies. The decision shall be based
on the information at the grievance hearing and such additional information as
may have been provided to the Hearing Officer at his or her request. The LHA
shall forthwith mail or otherwise deliver a copy of the decision to the grievant and
his or her representative if any. A copy of the decision (with names and personal
identifiers deleted) shall thereafter be maintained at the LHA and shall be open
to public inspection.
10. Review by the LHA's Board
In cases where the decision of the Hearing Officer concerns whether good cause
exists for terminating a lease, there shall be no review by the LHA's Board. In
other cases, in the event that the grievant or the LHA believes that (a) the
decision of the Hearing Officer is not supported by the facts; (b) the decision
does not correctly apply the terms of the lease or applicable laws, regulations,
rules and/or policies; or (c) the subject matter is not grievable, within fourteen
(14) days of mailing or other delivery of the decision, the grievant or the LHA
may request review of the decision by the LHA's Board. The Board shall
promptly decide whether to uphold, set aside or modify the decision after
permitting the LHA and grievant to make oral presentations and/or submit
documentation.
The Board may also permit the Hearing Officer to make a presentation. The
Board's review shall be at an open meeting unless an executive session is
warranted pursuant to the Open Meeting Law. The decision of the Board shall
be in writing and shall explain its reasoning. If a written decision is not rendered
within forty-five (45) days from the date a review is requested, the decision of the
Board, when rendered, shall specify a reason showing that there has been no
undue delay.
11. Review by the Department of Housing and Community Development
In the event that the LHA's Board shall make a material change in a decision of
the grievance panel, upon written request of the grievant, made to DHCD within
fourteen (14) days of mailing or other delivery of the Board's decision, DHCD
shall review the decision of the Board and shall render a written decision
upholding, setting aside or modifying the decision of the Board. DHCD shall mail
copies of its decision to the LHA and the grievant or to their attorneys.
12. Effect of a Decision on a Grievant
The final decision on a grievance (after any properly requested administrative
reviews have been decided) shall be binding between the LHA and the grievant
with respect to the particular circumstances involved in the grievance, provided
that if a court has jurisdiction to determine a matter which has been subject to
decision on a grievance, the court's determination on the matter shall supersede
the decision on the grievance. In the event the hearing panel's decision on a
grievance determines that good cause exists for terminating a lease, the LHA
may, upon receipt of the decision, file a summary process summons and
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complaint, and there shall be no review by the Board or DHCD. The fact that a
person may have failed to grieve a matter shall not affect any such jurisdiction by
a court. As between the LHA and any person who was not a grievant, the
decision on a grievance shall have no binding effect.
1. Single Hearing Officer
All grievance hearings and determinations of grievances shall be handled by a
single Hearing Officer. The Hearing Officer shall be appointed to serve for a term
not to exceed seven years and shall serve all residents of state -aided public
housing and all participants in the Massachusetts Rental Voucher program
(MRVP) and the Alternative Housing Voucher Program (AHVP) who hold
vouchers administered by the LHA.
The LHA shall from time to time nominate one or more persons to serve as
Hearing Officer(s) to preside at and conduct hearings and to render prompt and
reliable written determinations of matters at issue. The LHA shall notify tenants of
its nominees for Hearing Officer(s) by posting all such nominations on all bulletin
boards intended for notices of general interest to tenants. Each nomination shall
include a resume of the nominee and the length of the term for which he or she is
nominated. Within thirty (30) days after the posting of a nomination ten (10) or
more tenants may disapprove the nominee by giving signed written notice to the
LHA. A notice of disapproval shall include the specific reason(s) why such
tenants disapproved the nominee. In the absence of a disapproval, the nominee
shall become a Hearing Officer upon written acceptance mailed or delivered to
the LHA which shall then post notice thereof.
Each Hearing Officer shall annually certify to the LHA in writing that he or she is
ready, willing and able to serve; failure to so certify within ten (10) days of receipt
of a written request for the LHA shall render the Hearing Officer's position
vacant.
2. impartiality of the Hearing Officer
No Hearing Officer or a member of his or her family shall have or shall appear to
have any direct personal or financial interest in the outcome of any matter before
him or her. No Hearing Officer shall be related by blood or marriage to any party
or to any person who gives evidence as to facts which are disputed by the r:
parties. No Hearing Officer may determine matters which directly concern his or
her own housing or the housing of a family member or his or her own status or
the status of a family member in that housing. Each Hearing Officer shall
determine any matter at issue impartially and objectively on the basis of the
evidence and applicable law. Any Hearing Officer, who shall be or
22 Bicentennial Court Mansfield, MA 02048 (508) 339-6890 Fax:(508) 339-4956 U
shall appear to be unable to determine any matter impartially and objectively
shall remove himself or herself as Hearing Officer, whether or not he has been
requested to do so.
3. Removal of the Hearing Officer
A Hearing Officer may be permanently removed from office at any time for
inefficiency, neglect of duty, willful and material delay of proceedings, bias or
partiality. The LHA may remove a Hearing Officer after notice to the Hearing
Officer and the opportunity for him or her to be heard.
4. Appointment of Interim Hearina Officer
If there shall not be a Hearing Officer able and willing to serve for one or more
pending matters and if use of the appointment process in Part B, section 1 of this
grievance procedure would likely cause significant delay with potential adverse
consequences to either the LHA or the grievant, the LHA may request that an
interim Hearing Officer be named by DHCD. Such a request shall be in writing and
shall specify the reason for the request. Notice of the request shall be posted, and
tenants shall be given a reasonable opportunity to comment to DHCD about the
request. If DHCD finds there to be a reasonable need for an interim Hearing
Officer, DHCD shall name an interim Hearing Officer.
DHCD may name a previously disapproved nominee to serve as interim Hearing
Officer if it finds that the stated reasons for disapproval did not constitute good
and sufficient cause for disapproving the nominee.
An interim Hearing Officer shall have all the powers and duties of a Hearing
Officer and shall serve in the pending matters for which he or she was appointed.
An interim Hearing Officer may be nominated by the LHA to be Hearing Officer in
the manner set out herein.
s. Scheduling
The LHA shall be responsible for scheduling and other administrative matters,
including all necessary notices. The LHA shall consult with the Hearing Officer
and shall schedule hearings at times convenient for him or her.
Grievance Hearing Officer.
Hearina Officer:
Mr, Michael Raymond, Director of Veteran Services 6
Park Row
Town Hall, Third Floor
Mansfield, MA 02048
(508)851-6411
A Motion was made by Ms. Flynn and seconded by Mr.
Kozlowski to Approve the Mansfield Housing Authority
Weapons Policy.
Mr. Kozlowski objected to the definition of "weapon" as being too broad. Mr.
Kozlowski also noted that by the way the policy was worded the resident would not
be able to walk through the building carrying their firearm, to their car to drive to the
shooting range. He also thought it would be necessary to inquire what public
information would be available to the Housing Authority and provided by the Police,
before implementing the policy.
The Executive Director stated that the impetus in presenting the draft policy to the
Board was to add security for the maintenance department during apartment entry
as well as to set expectations among residents.
Mr. Kozlowski stated that he would prefer the Executive Director more clearly define
the term weapon and to speak to the Police Chief and inquire about information
publicly accessible.
A Motion was made by Ms. Flynn and seconded by Mr.
Kozlowski to Table the Mansfield Housing Authority Weapons
Policy Until Further Information Could Be Obtained on
Massachusetts Gun Laws.
Upon Vote, the Motion passed by a Vote of 4 to 0.
Mr. Kozlowski stated that generally speaking the Housing Authority did not do poorly
and did better than most in various areas.
The Executive Director felt there was not a large percentage of residents that
completed the survey. Ms. McDougall added that the returned surveys reflected
grossly inaccurate answers. She did agree that the Housing Authority did well as
compared to the state results.
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A Motion was made by Mr. Kozlowski and seconded by Mr.
Tucker to Approve the PHN 2023-03 Wage Match for State
Housing Program Tenants.
Mr. Kozlowski stated that the DHCD was requiring certification that the Board had
reviewed Notice PHN 2023-03 and Notice PHN 2019-16, but the Board was not
provided Notice PHN 2019-16.
A Motion was made by Mr. Kozlowski and seconded by Mr.
Tucker to Table the Approval of PHN 2023-03 Wage Match for
State Housing Program Tenants.
Upon Vote, the Motion passed by a Vote of 4 to 0.
The Executive Director said that there has not been remote attendance recorded in
many meetings and asked if the Board felt it was necessary to continue providing
the remote option.
Ms. Flynn asked if there was an additional burden to continue the offering and the
Executive Director stated that there wasn't.
A motion was made by Mr. Kozlowski to Continue Offering
Remote Participation and it was seconded by Ms. Flynn.
Upon Vote, the Motion passed by a Vote of 4 to 0.
The Vice Chairman referred to Agenda Item #11 Correspondence.
The Board accepted the Town of Mansfield Planning Board Certification of Action.
The Vice Chairman noted the receipt of PIH Notice 2023-04 and that the Board had
discussed the notice earlier in the meeting. Hearing no objections, the Vice
Chairman moved the agenda forward.
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The Vice Chairman referred to Auenda Item #12 Questions and Comments.
Ms. Cornetta, Bicentennial Court resident commented that she felt there would be no
need for a weapon policy. She also requested a copy of the Tenant Survey Results.
Ms. Cornetta asked if there was a Housing Authority initiative to provide residents
with bathtub cutouts. Ms. McDougall said that anyone needing a tub cutout should
contact the Housing Authority for reasonable accommodation.
Mr. Madan, Bicentennial Court resident wanted to commend Chyvonn Miller for her
outstanding efforts on behalf of the residents.
Ms. Turner Bicentennial Court Resident asked if all properties would be equipped
with key fobs and Ms. McDougall said that the community at Park Street were
currently the only ones. She added that there were many people including the
elderly with mental health issues and she was in favor of a policy.
The Vice Chairman asked fora Motion to Adiourn.
There being no further business to come before the Board, a
Motion was made by Mr. Kozlowski and seconded by Ms. Flynn
to Adjourn at 8:02 PM.
Upon Vote, the Motion passed by a Vote of 4 to 0.
Approved on May 3, 2023 - Board of Commissioners:
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