THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TOBASH, DENLINGER, GEIST, ROSS AND TOOHIL, SEPTEMBER 14, 2011

REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 14, 2011  

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 appointment of members of an authority,

for qualifications, tenure and compensation of members of

authority, for organization of authority and for powers of

authority.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 5(b) and 6 of the act of May 28, 1937

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

March 21, 1968 (P.L.69, No.25) and July 15, 1968 (P.L.337,

No.163), is amended to read:

Section 5.  Appointment of Members of an Authority.--* * *

(b)  The governing body of any city upon issuing a

certificate declaring the need for an Authority to operate in

such city or upon receiving notice of the issuance of such

certificate by the Governor, shall promptly notify the mayor of

such certification. Upon receiving such notice, the mayor, with

the approval of the majority of the members of council, shall

appoint five citizens, residents of the city, to be members of

the housing authority of such city--(1) that in cities of the

first class, the mayor shall appoint [two members, the city

controller shall appoint two members, and the four members, thus

appointed, shall select a fifth member of such Authority] nine

persons to be members of the housing authority of such city; (2)

that in cities of the second class, the mayor shall appoint two

additional members for a total of seven members of the housing

authority; (3) that in cities of the third class, the mayor,

with the approval of the majority of the members of council,

shall appoint five persons to be members of the housing

authority of such city, such members shall be citizens residing

within the city for which the Authority is created.

Section 6.  Qualifications, Tenure and Compensation of

Members of an Authority.--No more than two persons holding any

other paid public office shall be members of the same housing

authority at the same time. The members who are first appointed

shall serve for terms of one, two, three, four, and five years,

respectively, from the date of their appointment, as shall be

specified at the time of their appointment, except that members

of the housing authority of a city of the first class shall

serve for terms concurrent with the term of the appointing

mayor. Thereafter the term of office shall be five years, except

as otherwise provided with respect to members of the housing

authority of a city of the first class. The two additional

members to be appointed in cities of the second class shall

serve for terms of five years. A member shall hold office until

his successor has been appointed. Vacancies for unexpired terms

shall be promptly filled by the appointing power. A member may

be removed for cause by the court of quarter sessions 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 full hearing by the court; except that members of the

housing authority of a city of the first class shall serve at

the pleasure of the mayor of such city. A member shall receive

no compensation for his services, but he shall be entitled to

the necessary expenses, including travelling expenses incurred

in the discharge of his duties.

Section 2.  Section 7 of the act is amended to read:

Section 7.  Organization of an Authority.--The members of an

Authority shall select from among themselves a chairman and a

vice-chairman. The Authority may employ a secretary, such

technical experts, and such other officers, agents, and

employes, permanent or temporary, as it may require, and may

determine the qualifications of such persons. Three members of

an Authority shall constitute a quorum for its meetings. A

majority of the members of the Authority in a city of the first

class shall constitute a quorum of meetings of such Authority. 

Any Authority may employ its own counsel and legal staff.

Members of an Authority shall not be liable personally on the

bonds or other obligations of the Authority, and the rights of

creditors shall be solely against such Authority. An Authority

may delegate to one or more of its agents or employes such of

its powers as it shall deem necessary to carry out the purposes

of this act, subject always to the supervision and control of

the Authority.

Section 3.  Section 10(gg) of the act, 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 that has a contract

with the State Civil Service Commission to provide for a merit

service system of employment 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 4.  This act shall take effect immediately.