55 Pa. Stat. § 697.5

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 697.5 - Governing body
(a) Power.--The powers of the authority shall be exercised by a governing body having full authority to manage the properties and business of the authority, and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the authority may be conducted and the powers granted to it may be exercised. All bylaws, rules and regulations, and amendments thereto, shall be filed with the secretary of the authority.
(b) Membership.--The governing body shall be composed of 11 members who shall be residents of this Commonwealth, who shall not be elected public officials and who shall serve at the pleasure of the respective appointing authority, as follows:
(1) Four members initially appointed by the Governor for terms of one, two, three and four years, respectively, the term of each to be designated by the Governor at the time of appointment; but their successors shall each be appointed for a term of four years.
(2) One member appointed by the President pro tempore of the Senate for a term concurrent with the term of the appointing authority.
(3) One member appointed by the Minority Leader of the Senate for a term concurrent with the term of the appointing authority.
(4) One member appointed by the Speaker of the House of Representatives for a term concurrent with the term of the appointing authority.
(5) One member appointed by the Minority Leader of the House of Representatives for a term concurrent with the term of the appointing authority.
(6) The Governor shall appoint, for a term of two years, three members, one from each list of at least three nominees, each list prepared and submitted to the Governor respectively by the Mayor of the city and the governing bodies of the counties which lists shall be submitted within 30 days of the effective date of this act. The Governor shall select a member from each list within 30 days of receipt of each list, or else may request one substitute list of nominees from any entity who prepares a list. If any entity permitted to submit a list fails to submit a list of nominees within 30 days or fails to submit a substitute list within 30 days of receipt of a request to do so, the Governor may appoint such member or members, for which lists of nominees were not submitted, at his discretion. If the Governor fails to select a member from any list of nominees within 30 days of receipt of such list and fails to request a substitute list, or fails to select a member from the substitute list within 30 days of receipt of such list, the entity which prepared the list may appoint a member to serve on the board. Whenever a vacancy occurs prior to the completion of the term of office of a member appointed pursuant to this paragraph, the entity which prepared the list for the board member whose seat has become vacant shall submit a list of nominees to replace such member to the Governor.
(c) Term.--The term of a member shall begin on the date of appointment. A member may continue to serve as a member until a successor has been appointed and may serve more than one term.
(d) Vacancies.--Within 30 days of the occurrence of a vacancy, the original appointing authority designated in subsection (b) shall appoint a successor member for the remainder of the unexpired term of the member for which the vacancy exists. A vacancy shall occur upon the death, resignation, disqualification or removal of a member.
(e) Organization.--The Governor shall set a date, time and place for the initial organizational meeting of the board. Prior to the organizational meeting, the Governor shall select one member as chairman of the board for a term of two years. A majority of the board shall constitute a quorum for the conduct of business at the organizational meeting of the board. All action shall be taken at the organizational meeting by a majority of the board. The members shall elect from among themselves a vice chairman, secretary, treasurer and such other officers as they may determine.
(f) Reorganization.--The board shall reorganize annually at its first regular meeting occurring after the expiration of 365 days immediately following its initial organizational meeting or prior reorganization, as the case may be, in the manner provided for its initial organization. Prior to the reorganizational meeting, the Governor shall select one member as chairman of the board for a term of two years whenever the office of chairman is vacant by reason of expiration of the term of the office of chairman or otherwise.
(g) Meetings.--The board shall meet at least monthly. A majority of the board shall constitute a quorum for the purpose of conducting the business of the board and for all other purposes. All actions of the board shall be taken by a majority of the board unless specific provisions of this act require that action be taken by a qualified majority.
(h) Expenses.--A member shall not receive compensation or remuneration, but shall be entitled to reimbursement for all reasonable and necessary actual expenses.
(i) Liability.--A member shall not be liable personally on the bonds or other obligations of the authority, and the rights of creditors shall be solely against the authority.
(j) Employees and agents.--The board shall fix and determine the number of officers, agents and employees of the authority and their respective compensation and duties. The board shall, upon the approval of a qualified majority, delegate to the Executive Director such powers of the board as the board shall deem necessary to carry out the purposes of the authority, subject in every case to the supervision and control of the board.
(k) Removal.--A member shall be removed from the board for neglect or refusal to attend three successive regular meetings of the board, unless detained by a sickness or the death of a family member.

55 P.S. § 697.5

1989, July 10, P.L. 291, No. 50, § 5, imd. effective.