5610 - Governing body.

     § 5610.  Governing body.        (a)  Board.--The powers of each authority shall be exercised     by a board composed as follows:            (1)  If the authority is incorporated by one        municipality, the board shall consist of a number of members,        not less than five, as enumerated in the articles of        incorporation. The governing body of the municipality shall        appoint the members of the board, whose terms of office shall        commence on the effective date of their appointment. One        member shall serve for one year, one for two years, one for        three years, one for four years and one for five years        commencing with the first Monday in January next succeeding        the date of incorporation or amendment. If there are more        than five members of the board, their terms shall be        staggered in a similar manner for terms of one to five years        from the first Monday in January next succeeding. Thereafter,        whenever a vacancy has occurred by reason of the expiration        of the term of any member, the governing body shall appoint a        member of the board for a term of five years from the date of        expiration of the prior term to succeed the member whose term        has expired.            (2)  If the authority is incorporated by two or more        municipalities, the board shall consist of a number of        members at least equal to the number of municipalities        incorporating the authority, but in no event less than five.        When one or more additional municipalities join an existing        authority, each of the joining municipalities shall have        similar membership on the board as the municipalities then        members of the authority and the joining municipalities may        determine by appropriate resolutions. The members of the        board of a joint authority shall each be appointed by the        governing body of the incorporating or joining municipality        he represents, and their terms of office shall commence on        the effective date of their appointment. One member shall        serve for one year, one for two years, one for three years,        one for four years and one for five years from the first        Monday in January next succeeding the date of incorporation,        amendment or joinder, and if there are more than five members        of the board, their terms shall be staggered in a similar        manner for terms of from one to five years commencing with        the first Monday in January next succeeding. Thereafter,        whenever a vacancy has occurred by reason of the expiration        of the term of any member, the governing body of the        municipality which has the power of appointment shall appoint        a member of the board for a term of five years from the date        of expiration of the prior term.        (b)  Residency.--            (1)  Except as provided for in subsection (c), the        members of the board, each of whom shall be a taxpayer in,        maintain a business in or be a citizen of the municipality by        which he is appointed or be a taxpayer in, maintain a        business in or be a citizen of a municipality into which one        or more of the projects of the authority extends or is to        extend or to which one or more projects has been or is to be        leased, shall be appointed, their terms fixed and staggered        and vacancies filled pursuant to the articles of        incorporation or the application of membership under section        5604 (relating to municipalities withdrawing from and joining        in joint authorities). Where two or more municipalities are        members of the authority, they shall be apportioned pursuant        to the articles of incorporation or the application for        membership under section 5604. Except for special service        districts located in whole or in part in cities of the first        class or as provided in paragraph (2), a majority of an        authority's board members shall be citizens residing in the        incorporating municipality or incorporating municipality or        incorporating municipalities of the authority. In the case of        a municipality which is a town, the requirement of        maintaining a business is satisfied if the individual at any        time has maintained a business.            (2)  Each member of the board of a business improvement        district authority established by a municipality pursuant to        the act of May 2, 1945 (P.L.382, No.164), known as the        Municipality Authorities Act of 1945, or pursuant to this        title, or each member of the board of a neighborhood        improvement district management association (NIDMA) authority        established by a municipality pursuant to the act of December        20, 2000 (P.L.949, No.130), known as the Neighborhood        Improvement District Act, shall be a taxpayer in, maintain a        business in or be a citizen of the municipality by which that        member is appointed.        (c)  Grade crossings.--If the authority is created for the     purpose of eliminating grade crossings, the members of the     board, the majority of whom shall be citizens of the     municipality by which they are appointed or of a municipality     into which one or more of the projects of the authority extends     or is to extend or to which one or more of the projects has been     or is to be leased, shall be appointed, their terms fixed and     staggered and vacancies filled pursuant to the articles of     incorporation or the application of membership under section     5604. Where two or more municipalities are members of the     authority, they shall be apportioned pursuant to the articles of     incorporation or the application for membership under section     5604.        (d)  Successor.--Members shall hold office until their     successors have been appointed and may succeed themselves and,     except members of the boards of authorities organized or created     by a school district, shall receive such salaries as may be     determined by the governing body of the municipality, but no     salaries shall be increased or diminished by a governing body     during the term for which the member shall have been appointed.     Members of the board of any authority organized or created by a     school district shall receive no compensation for their     services. 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     him for at least ten days and after having been provided a full     hearing by the court. If a vacancy shall occur by reason of the     death, disqualification, resignation or removal of a member, the     municipal authorities shall appoint a successor to fill his     unexpired term. In joint authorities such vacancies shall be     filled by the municipal authorities of the municipality in the     representation of which the vacancy occurs. If any municipality     withdraws from a joint authority, the term of any member     appointed from the municipality shall immediately terminate.        (e)  Quorum.--A majority of the members shall constitute a     quorum of the board for the purpose of organizing and conducting     the business of the authority and for all other purposes, and     all action may be taken by vote of a majority of the members     present unless the bylaws shall require a larger number. The     board shall have 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 and embodied. The board shall fix     and determine the number of officers, agents and employees of     the authority and their respective powers, duties and     compensation and may appoint to such office or offices any     member of the board with such powers, duties and compensation as     the board may deem proper. The treasurer of the board of any     authority organized or created by a school district shall give     bond in such sums as may be fixed by the bylaws, which bond     shall be subject to the approval of the board and the premiums     for which shall be paid by the authority.        (f)  Removal.--Unless excused by the board, a member of a     board who fails to attend three consecutive meetings of the     board may be removed by the appointing municipality up to 60     days after the date of the third meeting of the board which the     member failed to attend.     (Dec. 17, 2001, P.L.926, No.110, eff. imd.; Dec. 30, 2002,     P.L.2001, No.230, eff. imd.)        2002 Amendment.  Act 230 amended subsec. (b).        2001 Amendment.  Act 110 amended subsecs. (a) and (b),     retroactive to June 19, 2001. See section 4 of Act 110 in the     appendix to this title for special provisions relating to     continuation of membership on board.        Cross References.  Section 5610 is referred to in section     5605 of this title.