18843_Authority_Dec

municipalauthorities.org │ 29 s oliCitor ’ s C o r N E r By Michael J. Witherel, Esq., PMAA Solicitor West, Witherel Kalina Law Group B oard r EorgaNizatioN aNd o tHEr a utHoritY f aCts Y ou s Hould K Now to s tart tHE N Ew Y Ear In our annual December issue of The Authority magazine, we traditionally look at issues that are generally addressed and questioned by municipal authority boards regarding their operations. Q What is required of a municipal authority as to an annual reorganization of its board of directors? The Municipality Authorities Act does not provide any specific requirement for reorganization. Q What is a board reorganization? The reorganization of any board, whether it be the incorporating municipality or the municipality authority board, provides a time frame to appoint officers; to appoint the banking institution for the authority; to appoint professions such as solicitor, engineer and auditor; and to establish the newspaper as required by the Sunshine Law for the publication of meeting notices (and even in this day and age where many areas, including Pittsburgh, do not have a daily newspaper, it is still a requirement under most municipal statutes, including the Municipality Authorities Act). It is also an opportunity, if the authority so desires, to reexamine its various fees or its various services, although tap fees and rates are not necessarily done on an annual basis and require more formal study and review. Monthly meeting dates must also be set for the coming calendar year. Q If there is no statutory authority, how can a municipal authority set a reorganization? Under Section 5607 of the Municipality Authorities Act the powers of the authority include the right to make bylaws and rules and regulations for the governance of the authority’s affairs, including but not limited to the appointment of officers, agents and employees, as well as all other acts and things necessary to follow through with the purpose for which the authority was incorporated. Q How does an authority determine the best method of reorganizing? The authority board has the ability to set its bylaws subject only to any limitations set in its Articles of Incorporation by the incorporating municipality or municipalities. A reasonable starting point for reorganization is to look at the statutory requirement of the incorporating municipality or municipalities for guidance. Q What type of public notice is required for the meetings of the authority? The Pennsylvania Sunshine Law requires that every agency give public notice of its first regular meeting of each calendar or fiscal year, not less than three days in advance of the meeting, and also give public notice of the Continued on page 50.