§ 28202. Governing board
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: September 19, 2016
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part III. Cities of the Second Class
Chapter 67. Intergovernmental Cooperation Authority Act for Cities of the Second Class (Refs & Annos)
Chapter 2. Intergovernmental Cooperation Authority for Cities of the Second Class
Effective: September 19, 2016
53 P.S. § 28202
§ 28202. Governing board
(vi) The Secretary of the Budget and the director of finance of each assisted city shall serve as ex officio members of the board. The board and any appointed coordinator shall cooperate in the sharing of reports, information and recommendations with regard to the assisted city. The ex officio members may not vote and shall not be counted for purposes of establishing a quorum. The Secretary of the Budget and the director of finance of each assisted city may designate in writing a representative of their respective offices to attend meetings of the board on their behalf.
(b) Term.--Appointing authorities shall appoint the initial members of the board within seven days of the effective date of this act, and the appointed members shall select a chairperson from among themselves at the initial organizational meeting of the board and upon any subsequent vacancy in the office of chairperson. The term of a board member shall begin on the date of the appointment. A member's term shall be coterminous with that of the appointing authority. The member selected as chairperson shall serve in that capacity for two years from the date of selection or for the duration of his term on the board, whichever is less, and may be reelected to subsequent two-year terms. An appointed board member shall serve at the pleasure of the member's appointing authority. Whenever a vacancy occurs among the appointed members on the board, whether prior to or on the expiration of a term, the appointing authority who originally appointed the board member whose seat has become vacant shall appoint a successor member within 30 days of the vacancy. A member appointed by an appointing authority to fill a vacancy occurring prior to the expiration of a term shall serve the unexpired term.
(c) Organization.--The appointees of the President pro tempore of the Senate and the Speaker of the House of Representatives shall set a date, time and place for the initial organizational meeting of the board within five days of the appointment of the initial members of the board. The initial organizational meeting shall be held within 15 days of the effective date of this act. In addition to the1 chairperson, the members shall elect such other officers as they may determine. A member may hold more than one office of the board at any time.
(d) Meetings.--After the initial organizational meeting, the board shall meet as frequently as it deems appropriate but at least once during each quarter of the fiscal year. In addition, a meeting of the board shall be called by the chairperson if a request for a meeting is submitted to the chairperson by at least two members of the board.
(d.1) Quorum and open meetings.--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 members present, except as otherwise specifically noted. The provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings) shall apply to the board.
(f) Employees and agents.--The board shall fix and determine the number of employees of the authority and their respective compensation and duties. The board may contract for or receive the loan of services of persons in the employ of other government agencies, and other government agencies shall be authorized to make such employees available. The board may retain an executive director upon a majority vote. The board may, by a majority vote, hire an independent general counsel to the authority and may engage consultants and contract for other professional services upon a majority vote. The board may, upon the approval of a majority, delegate to the executive director such powers of the board as the board deems necessary to carry out the purposes of the authority, subject in every case to the supervision and control of the board.
(1) Except for the Secretary of the Budget, neither members of the board nor the executive director shall seek or hold a position as any other public official within this Commonwealth or as a party officer while in the service of the authority. Members of the board and the executive director shall not seek election as public officials or party officers for one year after their service with the authority. Members of the board and the executive director may serve as appointive public officials any time after their periods of service with the authority.
(2) Employees and agents of the authority shall not seek or hold other positions as public officials or party officers while in the employ of the authority. The authority may receive the loan of services of persons in other government agencies in accordance with subsection (f), notwithstanding that such persons are public officials. Employees of the authority shall not seek election as public officials or party officers for one year after leaving the employ of the authority.
(3) No member of the board or employee of the authority may directly or indirectly be a party to or be interested in any contract or agreement with the authority or with the assisted city. No member or employee may use his office or employment or any confidential information received through his office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. Any member or employee who shall willfully violate this provision shall forfeit his office or employment and shall be subject to such other criminal and civil sanctions as may be imposed by law. Any contract or agreement knowingly made in contravention of this provision is void.
(ii) The act of February 14, 2008 (P.L. 6, No. 3),2 known as the Right-to-Know Law.
(iii) Except as set forth in paragraph (2), the act of July 19, 1957 (P.L. 1017, No. 451),3 known as the State Adverse Interest Act.
(2) Notwithstanding the provisions of the State Adverse Interest Act, the Secretary of the Budget and the director of finance of each assisted city shall, while serving as ex officio members of the board, also serve in their official capacities with respect to the negotiation and execution of intergovernmental cooperation agreements and other agreements between an assisted city and the authority.
(1) The board may appoint by majority vote one advisory committee comprised of professionals engaged in municipal management and finance or other experts as it may deem necessary. The members of an advisory committee shall reside within an assisted city or a county within the statistical metropolitan area in which the assisted city is located.
Credits
2004, Feb. 12, P.L. 73, No. 11, § 202, imd. effective. Amended 2016, July 20, P.L. 843, No. 99, § 2, effective in 60 days [Sept. 19, 2016].
53 P.S. § 28202, PA ST 53 P.S. § 28202
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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