2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 55 - Parking Authorities › Section 5508.1 - Special provisions for authorities in cities of the first class

§ 5508.1. Special provisions for authorities in cities of the first class.
(a) Scope.--
This section applies only to cities of the first class.
(b) Initial.--
Beginning on the effective date of this chapter, the powers of each authority shall be exercised by a board composed of not less than five nor more than 11 members.
(c) Subsequent.--
Beginning June 1, 2006, the board shall be composed of six members.
(d) Residence.--
In all cases, board members must be residents of the city.
(e) Appointment.--
(1) The Governor shall appoint six additional members of the board.
(2) Gubernatorial appointments shall be made as follows: two upon the Governor's own discretion, two from a list of at least three nominees prepared and submitted to the Governor by the President pro tempore of the Senate and two from a list of at least three nominees prepared and submitted to the Governor by the Speaker of the House of Representatives.
(3) The Governor shall select members from the lists provided from the President pro tempore of the Senate and the Speaker of the House of Representatives within 30 days of receipt of each list or may request one substitute list of nominees from either or both the President pro tempore of the Senate and the Speaker of the House of Representatives. If a substitute list requested by the Governor is not submitted within 30 days of the request, the Governor may at his discretion appoint board members to positions for which substitute lists of nominees were not submitted.
(4) In the event that the Governor fails to select a member from an original list of nominees within 30 days of the receipt of the list and fails to request a substitute list or should the Governor fail to select a member from a substitute list within 30 days of receipt of the list, the legislative presiding officer who prepared the list may appoint members to serve on the board.
(f) Terms.--
(1) Initial appointments shall be for a term beginning on the effective date of this chapter and expiring June 1, 2002.
(2) Subsequent to the initial terms, the terms of the members shall be staggered. For terms beginning June 1, 2002:
(i) members appointed from the list of nominees prepared by the President pro tempore of the Senate shall serve eight-year terms ending June 1, 2010;
(ii) members appointed from the list of nominees prepared by the Speaker of the House of Representatives shall serve nine-year terms ending June 1, 2011; and
(iii) members appointed by the Governor at his own discretion shall serve ten-year terms ending June 1, 2012.
(3) After the initial terms under paragraph (2), the Governor shall, not sooner than 60 days nor later than 30 days prior to June 1 in each year in which vacancies are due to occur, appoint members of the board for terms of ten years to succeed the members whose terms expire on the first day of June next succeeding in accordance with the appointment procedures provided in subsection (e). If the vacancies are for members selected from a list submitted by a legislative presiding officer, the Governor shall request a list of nominees from that officer not later than 90 days prior to the date the vacancies are scheduled to occur.
(g) Removal.--
Except as authorized in this subsection, no board member may be removed from office during a term. The Governor may, upon clear and convincing evidence of misfeasance or malfeasance in office, remove a board member prior to the expiration of the term. The Governor shall then provide the board member so removed with a written statement of the reasons for removal.
(h) Vacancies.--
If a vacancy occurs prior to the completion of the term of office of a member appointed from lists of nominees submitted by a legislative presiding officer, the Governor shall request a list of nominees from that officer within 30 days of the occurrence of the vacancy and proceed to make the vacancy appointment pursuant to the procedures of this section. All vacancy appointments shall be for the balance of the unexpired term.
(i) Continuation.--
The members of the authority in existence on the effective date of this chapter shall continue in office until their terms of office expire in accordance with the act under which the members were appointed. At the expiration of that term, the position on the board shall be abolished. The term of a board member serving on the effective date of this chapter shall not extend beyond June 1, 2006. If a vacancy occurs in any of the board positions of incumbents described in this subsection prior to the expiration of the term, the vacancy shall not be filled, and the position at that time shall be abolished.
(j) Succession.--
Except as provided in subsection (i), members shall hold office until their successors have been appointed and qualified, and they may succeed themselves.
(k) Compensation.--
(1) The chair selected under subsection (l) shall receive:
(i) for fiscal year 2001-2002, a salary of $50,000; and
(ii) for each subsequent fiscal year, a salary to be determined by the board at not less than $50,000.
(2) Except for the chair, members shall receive $200 per meeting for their services.
(3) Board members shall be entitled to necessary expenses, including travel expenses, incurred in the discharge of duties.
(l) Officers and staff.--
When the six additional members have been appointed and qualified pursuant to this section, the members of the board shall select from among themselves a chair, vice chair and such other officers as the board may determine. The board may employ a secretary, an executive director, its own counsel and legal staff and such technical experts and such other agents and employees, permanent or temporary, as it requires. The board may determine the qualifications and fix the compensation of these individuals.
(m) Quorum.--
(1) Six members of the board constitute a quorum for its meetings until the composition of the board is reduced to nine members.
(2) At the time during which the board is composed of more than seven members but fewer than ten members, the quorum for its meetings is five members.
(3) Once the board is reduced to seven members and thereafter, a quorum for its meetings is four members.
(4) Until the six additional board members have been appointed by the Governor, the quorum to conduct business is three members.
(m.1) Liability.--
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 such authority.
(n) Delegation.--
The board may delegate to an agent or employee powers it deems necessary to carry out the purposes of this chapter, subject to the supervision and control of the board.
(o) Management.--
(1) The board has 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 in which the powers granted to it may be exercised and embodied.
(2) Except as necessary to administer a system of on-street parking regulations pursuant to subsection (q.1), for all budgets, contracts, bonds or obligations of any kind commenced after January 1, 2003, the authority shall not be required to obtain the approval of an entity or officer under 351 Pa. Code Art. II (relating to legislative branch) or III (relating to executive and administrative branch--organization).
(p) Prohibition.--
(1) Except as set forth in paragraph (2), an authority may not enter into any contract with any other party or provide any additional employment protection, including civil service, to any employee or classification of employee during the moratorium period prescribed by paragraph (3).
(2) The moratorium required by this subsection shall not apply to the following:
(i) Contracts or leases which are subject to competitive bidding pursuant to section 5511 (relating to competition in award of contracts).
(ii) Contracts or leases of not more than 90 days' duration.
(iii) Contracts or leases which must be executed within the moratorium period in order to avoid a serious impairment to the functioning of the authority if such contracts are executed with the approval of the Secretary of General Services.
(3) The moratorium period shall commence on the effective date of this section and shall terminate upon the selection of a chair after each of the additional members has been appointed and qualified.
(q) Funding.--
(Deleted by amendment).
(q.1) Delegation of powers and funding.--
(Expired).
(r) Definition.--
As used in this section, the term "legislative presiding officer" means:
(1) the President pro tempore of the Senate; or
(2) the Speaker of the House of Representatives.
(Dec. 30, 2002, P.L.2001, No.230, eff. 60 days; Feb. 10, 2004, P.L.69, No.9, eff. imd.; July 16, 2004, P.L.758, No.94, eff. imd.)
2014 Expiration.
Subsec. (q.1) expired March 31, 2014. See Act 9 of 2004.
2004 Amendments.
Act 9 added subsec. (q.1) and Act 94 reenacted subsec. (k), reenacted and amended subsec. (o) and deleted subsec. (q). See sections 20(2), 21(1), 22 and 24 of Act 94 in the appendix to this title for special provisions relating to Pennsylvania Public Utility Commission contracts, preservation of rights, obligations, duties and remedies, applicability and publication in Pennsylvania Bulletin.
2004 Unconstitutionality.
Act 230 of 2002 was declared unconstitutional. City of Philadelphia v. Commonwealth, 838 A.2d 566 (Pa. 2003).
Cross References.
Section 5508.1 is referred to in section 5510.1 of this title.