18843_Authority_Dec

municipalauthorities.org │ 19 a utHoritY B oard a PPoiNtmENts aNd P roCEdurEs Board appointments and procedures are defined in Section 5610 (Governing Body) of the Municipality Authorities Act (Title 53, Chapter 56). Several terms are used throughout this section, some defined by the Municipality Authorities Act (MAA), others are not. Understanding the definitions is key to understanding this section - who has the power to appoint board members, in what instances, and when appointments are permitted . Below is an overview of board appointment procedures and definitions under the MAA. Understand three key definitions in the MAA: "Board" The governing body of an authority. This means the authority board members that are appointed by a municipality or municipalities. “Municipality” A county, city, town, borough, township or school district of the Commonwealth. This means the governing body of a municipality – i.e., township supervisors, township commissioners, borough council members, or county commissioners. “Municipal authority” The body or board authorized by law to enact ordinances or adopt resolutions for the particular municipality. This means the municipality or municipalities that created the authority (also referred to as the incorporating municipality or municipalities). Also note: authorities cannot adopt ordinances, only resolutions. Understand a few definitions that are not defined by the MAA: “Governing Body” This means the municipality or municipalities that create the authority, i.e., township supervisors, township commissioners, borough council members, or county commissioners. “Incorporating municipality” This means the municipality or municipalities that create the authority, i.e., the township supervisors, township commissioners, borough council members, or county commissioners. “Joint authority” This is an authority that is created (incorporated) by two or more municipalities. These words are used in Section 5610 (Governing Body) of the MAA dealing with board appointments and procedures. See the bolded and colored text below: § 5610. Governing body. (a) Board. --Except as set forth in subsection (a.1), 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 1 2 By Jennifer Case, Director of Public Affairs, PMAA m unICIpal a uthorIty , as defIned In the a Ct , means the InCorporatIng munICIpalIty that Created the authorIty , not the authorIty Itself .