Section 42202 - Governing board(a)Composition of board.--(1) The powers and duties of an authority shall be exercised by a governing board composed of five members appointed as follows:(i) One member shall be appointed by the Governor.(ii) One member shall be appointed by the President pro tempore of the Senate.(iii) One member shall be appointed by the Minority Leader of the Senate.(iv) One member shall be appointed by the Speaker of the House of Representatives.(v) One member shall be appointed by the Minority Leader of the House of Representatives.(vi) The Secretary of the Budget and the director of finance of an assisted city shall serve as ex officio members of the board. 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 an assisted city may designate in writing a representative of their respective offices to attend meetings of the board on their behalf.(2) All members and designees must have substantial experience in finance or management.(3) All members of the board must be residents of this Commonwealth and, except the Secretary of the Budget, must either be residents of the assisted city or have their primary places of business or employment in that city.(b)Term.--(1) Appointing authorities shall appoint the initial members of the board within 30 days of the date of termination of receivership or the effective date of this section, whichever is later. The appointed members shall select a chairperson from among themselves at the initial organizational meeting of the board and for any subsequent vacancy in the office of chairperson. The term of a board member shall begin on the date of the appointment. Except as provided in paragraph (3), a member's term shall be coterminous with that of the appointing authority.(2) The member selected as chairperson shall serve in that capacity for two years from the date of selection or for the duration of the member's term on the board, whichever is a shorter period of time, and may be reelected as chairperson to subsequent two-year terms.(3) An appointed board member shall serve at the pleasure of the member's appointing authority.(4) 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.(5) 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.--(1) 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 40 days of the date of termination of receivership or the effective date of this section, whichever is later. The initial organizational meeting shall be held within 45 days of the date of termination of receivership or the effective date of this section, whichever is later.(2) In addition to the chairperson, the members shall elect other officers as they may determine.(3) A member may hold more than one office of the board at any time.(d)Meetings.--(1) 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 of the authority.(2) 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.--(1) A majority of the board shall constitute a quorum for the purpose of conducting the business of the board and for all other purposes.(2) All actions of the board shall be taken by a majority of the board members present, except as otherwise specifically provided in this act.(3) The provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings) shall apply to the board.(e)Expenses.--A member may not receive compensation or remuneration but shall be entitled to reimbursement for all reasonable and necessary actual expenses.(f)Employees and agents.--(1) The board shall fix and determine the number of employees of the authority and their respective compensation and duties.(2) The board may contract for or receive the loan of services of persons in the employ of other government agencies, and other government agencies may make those employees available.(3) The board may retain an executive director.(4) The board may hire an independent general counsel to the authority and may engage consultants and contract for other professional services.(5) The board may delegate to the executive director 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.(g)Public officials and party officers.--(1) The following provisions apply to members of the board and the executive director: (i) Except for the Secretary of the Budget and the director of finance of an assisted city, 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.(ii) Members of the board and the executive director may not seek election as public officials or party officers for one year after their service with the authority.(iii) Members of the board and the executive director may serve as appointed public officials any time after their periods of service with the authority.(2) The following provisions apply to employees and agents of the authority, as indicated: (i) Employees and agents of the authority may 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 those persons are public officials.(ii) Employees of the authority may 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:(i) directly or indirectly be a party to or be interested in any contract or agreement with the authority or with the assisted city; or(ii) 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.(4) Any member or employee who shall willfully violate paragraph (3) shall forfeit his office or employment and shall be subject to other criminal and civil sanctions as may be imposed by law.(5) Any contract or agreement knowingly made in contravention of paragraph (3) shall be void and unenforceable.(6) For purposes of this subsection, the term "immediate family" shall mean a parent, spouse, child, brother or sister.(h)Statutes applicable to authority.--(1) The provisions of the following acts shall apply to the board:(i) Except as specified in paragraph (3), the act of July 19, 1957 (P.L. 1017, No. 451), known as the State Adverse Interest Act.(ii) The act of February 14, 2008 (P.L. 6, No. 3), known as the Right-to-Know Law.(iii) 62 Pa.C.S. (relating to procurement).(v) 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).(2) The provisions of the following acts shall apply to the executive director of the authority: (i) Except as set forth in paragraph (3), the State Adverse Interest Act.(3) Notwithstanding the provisions of the State Adverse Interest Act, the Secretary of the Budget and the director of finance of an 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 the assisted city and the authority.(i)Advisory committee.--(1) The board may appoint one advisory committee comprised of professionals engaged in municipal management and finance or other experts as the board deems necessary. The members of an advisory committee must reside within the assisted city or a county within the statistical metropolitan area in which the assisted city is located.(2) The provisions of subsection (g) shall be applicable to members of an advisory committee; however, the board may allow the governing body to designate a liaison from the governing body to serve on an advisory committee.(3) An advisory committee shall consist of no more than six members, excluding any liaison to the governing body.(4) A member of the advisory committee shall not receive compensation or remuneration but shall be entitled to reimbursement for all reasonable and necessary actual expenses. 2018, Oct. 24, P.L. 751, No. 124, § 202, imd. effective.