18843_Authority_Dec

50 The Authority │ December schedule of the remaining regular meetings, and any special or rescheduled meeting must be published at least 24 hours in advance of the time of the convening of the meeting specified in the notice, unless it is an emergency meeting or a conference. While the Act still refers to advertising in newspapers of general publication, it is a best practice to also post notices on your website and on any physical bulletin board you may have as well as the same for the incorporating municipality or incorporating municipalities. Q How many members should the municipal authority board have? Under Section 5610 of the Act, the incorporating municipality must provide for a board consisting of a minimum of five members, and there is no maximum number of members. Q Can you avoid needing to appoint more than one board member in a given year? The Municipality Authorities Act provides for initial staggered appointments at the time of the initial appointment of the members, and also provides that a member holds office until a successor has been appointed and may succeed themselves. In this regard, if no action is taken by the incorporating municipality to appoint another individual, the current board member remains in office unless and until action is taken to either reappoint or appoint a successor. Q Who appoints the members of the authority board? The incorporating municipality or municipalities appoint the members of the board , and the board of the authority appoints its officers . Q Who sets any compensation for board members and/or officers? The incorporating municipality sets any compensation for board members and the board itself sets compensation for its officers . Q Must members of the authority board be residents of the incorporating municipality or municipalities? Each member of the board must be a taxpayer (ratepayer) or maintain a business in or be a citizen of the municipality by 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. Q Could a majority of the board not actually be residents of the incorporating municipality or municipalities? The Act requires the majority of the authority’s board members be citizens residing in the incorporating municipality or incorporating municipalities of the authority. Q What constitutes a quorum? Section 5610(e) of the Municipality Authorities Act provides that the majority of the members of the board constitutes a quorum for the purposes of taking any action, unless the bylaws of the authority require a greater number than a majority of its members. It is also permissible for the incorporating municipality within the Articles of Incorporation to require more than a quorum or a super-majority for certain votes such as large expenditures or large borrowings. Q Why is it required for a municipal authority to have an auditor? Under the Municipality Authorities Act, every authority must file an annual report of its fiscal affairs covering the preceding fiscal year with the Department of Community and Economic Development on a form prepared and distributed by said department. These reports must also be provided to any municipality that has residents served by said authority. Authorities must also have its books, accountants and records audited annually by a certified public accountant and a copy of said audit must be filed in the same manner and at the same time as the annual report and must comply with the requirements for an audit under Section 5612(b) of the Municipality Authorities Act. Reorganization article continued from page 29.