17999_Authority_December

municipalauthorities.org | 21 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 a nd o ther a uthorIty F acts y ou s hould k noW t o s tart t he n eW y ear In our annual December issue of the PMAA 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? A The Municipality Authorities Act does not provide any specific requirement for reorganization. Q What is a board reorganization? A 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? A 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? A 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? A The Pennsylvania Sunshine Law requires that 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 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? A 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? A 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 Continued on page 46.