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§ 556. Board

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 55 P.S. NavigationEffective: July 18, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 55 P.S. Navigation (Refs & Annos)
Chapter 17. Second Class County Port Authority Act (Refs & Annos)
Effective: July 18, 2013
55 P.S. § 556
§ 556. Board
(a) Subject to the provisions of section 6.1,1 the powers of an authority shall be exercised by a board, composed of eleven members.
(b) The terms of members serving on the board on the effective date of this subsection2 shall expire in sixty days. Nothing in this subsection shall be construed to prohibit a current member from being reappointed by an appointing authority under this act.
(c) The board shall be composed of the following members:
(1) One member appointed by the Governor under subsection (d).
(2) Four members appointed by officers of the General Assembly under subsection (e).
(3) Six members appointed by the county executive of the county where the authority is located composed of the following:
(i) Four appointees by the county executive of the county where the authority is located.
(ii) Two appointees who are recommended by the organizations in subsection (g) by the county executive of the county where the authority is located subject to confirmation by a majority vote of the members of the county council.
(d) A member appointed by the Governor under subsection (c)(1) shall serve a four-year term.
(e)(1) Appointments by officers of the General Assembly under subsection (c)(2) shall be made as follows:
(i) One individual shall be appointed by the President pro tempore of the Senate.
(ii) One individual shall be appointed by the Minority Leader of the Senate.
(iii) One individual shall be appointed by the Speaker of the House of Representatives.
(iv) One individual shall be appointed by the Minority Leader of the House of Representatives.
(2) Members appointed by the President pro tempore of the Senate and the Minority Leader of the Senate under subsection (c)(2) shall serve a four-year term.
(3) Members appointed by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives shall serve an initial three-year term immediately following the effective date of this subsection,3 to be followed thereafter by a four-year term.
(f) A member appointed by the county executive shall serve an initial term as follows to be immediately followed thereafter by a four-year term:
(1) Two appointees under subsection (c)(3)(i) shall serve an initial term of two years and two appointees under subsection (c)(3)(i) shall serve an initial term of three years, as designated by the county executive.
(2) The appointees under subsection (c)(3)(ii) shall serve an initial term of two years.
(g) The appointments made by the county executive under subsection (c)(3)(ii) shall be made in accordance with the following:
(1) The county executive shall select from a list of recommendations submitted by each of the following organizations to the appropriate appointing authority:
(i) The Allegheny Conference.
(ii) The Southwestern Pennsylvania Commission.
(iii) Councils of Government with constituent members in the county.
(iv) The Committee for Accessible Transportation.
(2) (Reserved).
(h) Except for an appointee under subsection (c)(1) who shall be a resident of this Commonwealth, appointees shall be residents of the county where the authority is located and have expertise or substantial experience in budgeting, finance, economic development, transportation or mass transit operations.
(i) Appointing authorities shall appoint initial board members within sixty days of the effective date of this subsection.4
(j) Members' initial terms shall commence sixty days following the effective date of this subsection.5
(k) No member shall serve more than three consecutive terms, including initial terms.
(l)(1) A member shall not receive compensation for his services but shall be entitled to the necessary expenses, including traveling expenses incurred in the performance of his duties.
(2) Within ninety days after the effective date of this paragraph,6 the board shall meet and organize by electing from their number a chairman, a vice chairman, and such other officers as the board may determine.
(3) The board may employ a secretary, an executive director, its own counsel and legal staff and such technical experts and other agents and employes, permanent or temporary, as it may require, and may determine the qualifications and fix the compensation of such persons.
(4) Six members of the board shall constitute a quorum for its meetings.
(4.1) The consent of at least seven members of the board shall be necessary to take action on behalf of the authority.
(4.2) Board action on the following matters will be tabled upon motion and seconded by the two board members appointed pursuant to subsection (c)(2) by officers of the General Assembly who are not of the same political party affiliation as the county executive:
(i) Adopting bylaws.
(ii) Appointing a chief executive officer.
(iii) Authorizing bonds, other borrowing and leases.
(iv) Approving contracts which will entail expenditures in excess of five million dollars.
(5) Members of the board 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.
(6) The board may delegate to one or more of its agents or employes such of its powers as it shall deem necessary to carry out the purposes of this act, subject always to the supervision and control of the board.
(7) The board shall have full authority to manage and operate the business of the authority and to prescribe, amend and repeal by-laws, 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 and embodied.
(8) Copies of such by-laws, rules and regulations shall be filed with the county council of the county.
(9) A member may be removed for cause by the court of common pleas of the county in which the authority is located after having been provided with a copy of the charges against the member for at least ten days and a full hearing by the court.
(m) If a vacancy occurs by reason of the death, resignation or removal of a member, the designated appointing authority shall appoint a successor to fill the unexpired term within sixty days.

Credits

1956, April 6, P.L. (1955) 1414, No. 465, § 6. Amended 1959, Oct. 7, P.L. 1266, § 5; 1968, May 3, P.L. 116, No. 60, § 1; 1969, March 28, P.L. 8, § 1; 1986, July 2, P.L. 309, No. 76, § 2, effective Jan. 1, 1988; 1999, June 18, P.L. 72, No. 11, § 1; 2012, June 13, P.L. 619, No. 61, § 5, effective in 90 days [Sept. 11, 2012]; 2013, July 18, P.L. 605, No. 72, § 1, imd. effective.

Footnotes

55 P.S. § 556.1.
Subsec. (b) added by 2013, July 18, P.L. 605, No. 72, § 1, imd. effective.
Subsec. (e) added by 2013, July 18, P.L. 605, No. 72, § 1, imd. effective.
Subsec. (i) added by 2013, July 18, P.L. 605, No. 72, § 1, imd. effective.
Subsec. (j) added by 2013, July 18, P.L. 605, No. 72, § 1, imd. effective.
Subsec. (l)(2) added by 2013, July 18, P.L. 605, No. 72, § 1, imd. effective.
55 P.S. § 556, PA ST 55 P.S. § 556
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document