THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRADFORD, JUNE 22, 2010

REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 22, 2010  

AN ACT

Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as

amended, "An act to promote public health, safety, morals,

and welfare by declaring the necessity of creating public

bodies, corporate and politic, to be known as housing

authorities to engage in slum clearance, and to undertake

projects, to provide dwelling accommodations for persons of

low income; providing for the organization of such housing

authorities; defining their powers and duties; providing for

the exercise of such powers, including the acquisition of

property by purchase, gift or eminent domain, the renting and

selling of property, and including borrowing money, issuing

bonds, and other obligations, and giving security therefor;

prescribing the remedies of obligees of housing authorities;

authorizing housing authorities to enter into agreements,

including agreements with the United States, the

Commonwealth, and political subdivisions and municipalities

thereof; defining the application of zoning, sanitary, and

building laws and regulations to projects built or maintained

by such housing authorities; exempting the property and

securities of such housing authorities from taxation; and

imposing duties and conferring powers upon the State Planning

Board, and certain other State officers and departments,"

further providing for powers of an authority.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 10(gg) of the act of May 28, 1937

(P.L.955, No.265), known as the Housing Authorities Law, added

November 9, 2006 (P.L.1355, No.145), is amended to read:

Section 10.  Powers of an Authority.--An Authority shall

constitute a public body, corporate and politic, exercising

public powers of the Commonwealth as an agency thereof, which

powers shall include all powers necessary or appropriate to

carry out and effectuate the purpose and provisions of this act,

including the following powers, in addition to others herein

granted:

* * *

(gg)  [To] Except for a housing authority located in a city

of the second class A, in a city of the third class or in a

county of the second class A through eighth class to make,

execute and enter into employment agreements, which are

necessary or convenient to the exercise of the powers of the

Authority, with any individual who is or will be hired to work

in any position that is not represented by a bargaining

representative under the act of July 23, 1970 (P.L.563, No.195),

known as the "Public Employe Relations Act," or part of a

bargaining unit that has been created by an order of the

Pennsylvania Labor Relations Board pursuant to the "Public

Employe Relations Act." Such employment agreements must be in

writing and must be approved by the Authority and may not be

renewed except by the affirmative approval of the Authority. No

such employment agreement nor any term thereof shall be

enforceable or amended or renewed unless such agreement or

amendment is in writing and approved by the Authority as stated

above. Any employment agreement created or approved pursuant to

this subsection may-- (1) identify the specific terms and

conditions of the individual's employment; (2) confer a specific

term of tenure in employment which may be for a specific period

of time not to exceed five years; (3) otherwise limit or state

the power of the Authority to summarily dismiss such employe and

the circumstances under which such dismissal shall be exercised;

or (4) any combination of subclauses (1) through (3) above;

however, any employment agreement created or approved pursuant

to this clause which confers a specific term or tenure of

employment under subclause (2) above must also enumerate the

circumstances under which the Authority may terminate the

employment agreement for cause, including the lack of funding,

prior to the expiration of the expressed term or agreement. If

such agreement does not contain the items stated in subclause

(2) or (3), the employe may be summarily dismissed by the

Authority, and the agreement terminated at any time. Under no

circumstances shall the mayor or any individual employe,

official agent, attorney or member of the Authority be

personally liable for any provision contained in any such

employment agreement. Any employment agreement into which the

Authority enters pursuant to this clause shall not be subject to

the provisions of section 11 or to the contract procurement

provisions, rules or regulations to which the Authority is

otherwise subjected.

Section 2.  This act shall take effect in 60 days.