18843_Authority_Dec

incorporation. An authority cannot undertake the change itself; it must first propose an amendment and then submit the amendment to the incorporating municipality. Then, it is up to the municipality whether to accept or decline these proposed changes. Section 5607 addresses the authority’s purposes and powers . One of the questions I had while reviewing the Act, and is one that may commonly be asked by municipal authority board members, is what projects can an authority undertake? Board members must focus on section 5607 because it addresses the scope of the projects permitted to be undertaken by the authority, and addresses the limitations on those powers, such as the inability to compete with private entities. Section 5610 is a section that all new authority board members should become familiar with prior to beginning their term. Under this section of the Act, a board member is appointed to a five-year term but may continue to serve on the board of the authority after their term expires until a new board member is appointed, unless the member is reappointed. According to the statute, authorities must have at least five board members. However, in situations with joint authorities, the board must consist of a number of members at least equal to the number of municipalities that are part of the authority. As previously discussed, if a municipality joins or leaves the authority, the membership of the board must be reapportioned, while still maintaining at least five board members. Another important question that new board members may ask is what are the requirements to become a board member. Most notably, being a taxpayer, a citizen of, or a business owner in the municipality, are the most discussed requirements. However, board members may be appointed under other circumstances. There may be instances where a project extends into a municipality that did not incorporate the authority. Under the Act, a resident in that specific municipality can become a board member based upon the project’s location. If a future project is planned to go into a municipality, a board member can also be appointed from that municipality. The municipality that created the authority only has the power to make this decision, and, it is optional to add a board member, not a requirement. New board members may also question under what circumstances they can be removed from their position. A board member can be removed for cause by the Court of Common Pleas after being informed of the charges against the board member and a full hearing. A board member can also be removed by the appointing municipality if the board members fails to attend three consecutive meetings unless previously excused. As new board members become familiar with the Act, it is important to know what the ambiguous language intends to convey and what questions may arise. As someone unfamiliar with the Act, these are some questions that I found others may most likely have as well. S See article on page 19 for full language of some of these sections of the Act. Michael Hann is a senior at the Pennsylvania State University, focusing on government policy, legal studies, and history. He contributes to the school paper as a journalist, works in research for the university, and recently spent a semester in Europe furthering his studies. He volunteered to review the Municipality Authorities Act and author an article from his perspective for new municipal authority board members.