18843_Authority_Dec

20 The Authority │ December 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. Explanation: Both in (1) and (2), the municipality or municipalities that created the authority appoint the members of the authority board. (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. Explanation: This section, among other things, addresses whether board member representation (appointment) is required from or permitted by the municipalities that the authority provides service to. The MAA does not require it but does permit it. The decision lies with the incorporating municipality(ies) that created the authority. If the incorporating municipality(ies) decides to create a board seat for the municipality that the authority provides service to (note the language above to describe service area – “into which one or more of the projects of the authority extends or is to extend” ), they can do so if they choose but it is not a requirement. To appoint a board member from a municipality that the authority serves, the incorporating municipality(ies) must take a vote at a public meeting, amend the authority’s articles of incorporation, and file the amended articles with the Department of State (just as the authority’s original documents would have been). Continued on page 65. See ad on page 14 to order your copy of the Act now!