Section 12720.202 - Governing board(a)Composition of board.--The powers and duties of the authority shall be exercised by a governing board composed of five members:(1) One member shall be appointed by the Governor.(2) One member shall be appointed by the President pro tempore of the Senate.(3) One member shall be appointed by the Minority Leader of the Senate.(4) One member shall be appointed by the Speaker of the House of Representatives.(5) One member shall be appointed by the Minority Leader of the House of Representatives.(6) The Secretary of the Budget of the Commonwealth and the Director of Finance of each assisted city shall serve as ex officio members of the board. The ex officio members may not vote, shall not be counted for purposes of establishing a quorum and may designate in writing a representative of their respective offices to attend meetings of the board on their behalf.(7) All members shall have had experience in finance or management.(8) All members of the board shall be residents of the Commonwealth and, except the Secretary of the Budget, shall either be residents of the assisted city or have their primary places of business or employment in such city.(b)Term.--Appointing authorities shall appoint the initial members of the board within 10 days of the effective date of this act. The term of a board member shall begin on the date of appointment. A member's term shall be coterminous with that of his or her appointing authority, provided that the member's term shall continue until his or her replacement is appointed. Board members shall serve at the pleasure of his or her appointing authority. Whenever a vacancy occurs on the board, whether prior to or on the expiration of a term, the appointing authority who originally appointed the board member whose seat has become vacant shall appoint a successor member within 30 days of the vacancy. A member appointed to fill a vacancy occurring prior to the expiration of a term shall serve the unexpired term.(c)Organization.--The appointee of the Governor shall set a date, time and place for the initial organizational meeting of the board within ten days of the appointment of the initial members of the board. The members shall elect from among themselves a chairperson, vice chairperson, secretary, treasurer and such other officers as they may determine. A member may hold more than one office of the board at any time.(d)Meetings.--The board shall meet as frequently as it deems appropriate but at least once during each quarter of the fiscal year. In addition, a meeting of the board shall be called by the chairperson if a request for a meeting is submitted to the chairperson by at least two members of the board. A majority of the board shall constitute a quorum for the purpose of conducting the business of the board and for all other purposes. All actions of the board shall be taken by a majority of the board unless specific provisions of this act require that action be taken by a qualified majority. The act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act, shall apply to the board.(e)Expenses.--A member shall not receive compensation or remuneration, but shall be entitled to reimbursement for all reasonable and necessary actual expenses.(f)Public officials and party officers.--(1) Except for the Secretary of the Budget of the Commonwealth and the Director of Finance of an assisted city, neither members of the board nor the executive director shall seek or hold a position as any other public official within this Commonwealth or as a party officer while in the service of the authority. Members of the board and the executive director shall not seek election as public officials or party officers for one year after their service with the authority. Members of the authority and the executive director may serve as appointive public officials any time after their periods of service with the authority.(2) Employees of the authority shall not seek or hold other positions as public officials or party officers while in the employ of the authority; provided, however, that the authority may receive the loan of services of persons in other government agencies in accordance with subsection (g), notwithstanding that such persons are public officials. Employees of the authority shall not seek election as public officials or party officers for one year after leaving the employ of the authority.(g)Employees and agents.--The board shall fix and determine the number of employees of the authority and their respective compensation and duties. The board may contract for or receive the loan of services of persons in the employ of other government agencies, and other government agencies shall be authorized to make such employees available. The board shall retain an executive director upon the vote of a qualified majority. The board shall, by the vote of a qualified majority, hire an independent general counsel to the authority and may engage consultants and contract for other professional services upon the vote of a qualified majority. The board shall, upon the approval of a qualified majority, delegate to the executive director such powers of the board as the board shall deem necessary to carry out the purposes of the authority, subject in every case to the supervision and control of the board.(h)Statutes applying to authority.--The provisions of the following acts shall apply to the authority: The act of June 21, 1957 (P.L. 390, No. 212), referred to as the Right-to-Know Law; the act of July 19, 1957 (P.L. 1017, No. 451), known as the State Adverse Interest Act; and the act of October 4, 1978 (P.L. 883, No. 170), referred to as the Public Official and Employee Ethics Law; provided, however, that, notwithstanding the provisions of the State Adverse Interest Act, the Secretary of the Budget and the Director of Finance of each assisted city shall, while serving as ex officio members of the board, also serve in their official capacities with respect to the negotiation and execution of intergovernmental cooperation agreements and other agreements between an assisted city and the authority.(i)Limitation on action.--Notwithstanding the provisions of section 706, if any provision of this section is held invalid by a court of competent jurisdiction, the authority shall not borrow further moneys nor issue further bonds, nor shall the authority further disburse to a city proceeds of any issue of bonds authorized theretofore to fund a deficit of a city or to provide other financial assistance to a city; to finance any cash flow deficit of a city; or to purchase any obligations of a city issued to finance cash flow deficits; or to pay the costs of capital projects, but all provisions of outstanding bonds of the authority and all rights and remedies of obligees of the authority under this act shall be and shall remain valid and enforceable. 1991, June 5, P.L. 9, No. 6, § 202, imd. effective.