18843_Authority_Dec

municipalauthorities.org │ 65 y our ad Could go here ! Do you have a product or service that you would like to advertise? Contact Mandi Glantz at 717.737.7655 x160 or glantz@municipalauthorities.org . l Egal Representing over 40 Pennsylvania Authorities Michelle Portnoff, Esquire President www.portnoffonline.com Delinquent Account Collection Utility Claims • Real Estate Taxes Portnoff Law Associates, Ltd. Kevin H. Buraks, Esquire 4846909332 kburaks@portnoffonline.com s alEs /s ErviCE Dredging and Dewatering Services Industrial and Municipal Cleaning 3100 Bethel Road Chester, PA 19013 800-635-9689 11420 Old Baltimore Pike Beltsville, MD 20705 877-777-9114 1566 Harding Highway Newfield, NJ 08344 800-634-6014 Knox McLaughlin Gornall & Sennett, P.C. Erie | Pittsburgh | Jamestown, NY 814-459-2800 | www.kmgslaw.com Authority Board article continued from page 20. (d) Successor. --Members shall hold office until their successors have been appointed and may succeed themselves and, except members of the boards of authorities organized or created by a school district, shall receive such salaries as may be determined by the governing body of the municipality , but no salaries shall be increased or diminished by a governing body during the term for which the member shall have been appointed. Members of the board of any authority organized or created by a school district shall receive no compensation for their services. A member may be removed for cause by the court of common pleas of the county in which the authority is located after having been provided with a copy of the charges against him for at least ten days and after having been provided a full hearing by the court. If a vacancy shall occur by reason of the death, disqualification, resignation or removal of a member, the municipal authorities shall appoint a successor to fill his unexpired term. In joint authorities such vacancies shall be filled by the municipal authorities of the municipality in the representation of which the vacancy occurs. If any municipality withdraws from a joint authority, the term of any member appointed from the municipality shall immediately terminate. Explanation: Section (d) Successor is confusing because the words “municipal authorities” are used which, as defined in the MAA, mean the municipality or municipalities that created the authority, NOT the authority itself. In all instances, the municipality or municipalities that created the authority have the sole power to appoint authority board members. In addition, note the timing of board appointments in this section. The municipality or municipalities (also referred to as the incorporating municipality or municipalities of an authority) are not permitted to appoint a new board member until the existing board member’s term is expired. This applies to reappointments as well. This provision eliminates outgoing elected officials (who either lost reelection or chose not to run again) from making appointments during their remaining time in office after their successor has been chosen and protects against last- minute favors, patronage, or vindictive appointments. This is also known as prohibiting lame duck appointments . S