AN ACT

 

1Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as
2amended, "An act to promote public health, safety, morals,
3and welfare by declaring the necessity of creating public
4bodies, corporate and politic, to be known as housing
5authorities to engage in slum clearance, and to undertake
6projects, to provide dwelling accommodations for persons of
7low income; providing for the organization of such housing
8authorities; defining their powers and duties; providing for
9the exercise of such powers, including the acquisition of
10property by purchase, gift or eminent domain, the renting and
11selling of property, and including borrowing money, issuing
12bonds, and other obligations, and giving security therefor;
13prescribing the remedies of obligees of housing authorities;
14authorizing housing authorities to enter into agreements,
15including agreements with the United States, the
16Commonwealth, and political subdivisions and municipalities
17thereof; defining the application of zoning, sanitary, and
18building laws and regulations to projects built or maintained
19by such housing authorities; exempting the property and
20securities of such housing authorities from taxation; and
21imposing duties and conferring powers upon the State Planning
22Board, and certain other State officers and departments,"
23further providing for powers of an authority.

24The General Assembly of the Commonwealth of Pennsylvania
25hereby enacts as follows:

26Section 1. Section 10(gg) of the act of May 28, 1937
27(P.L.955, No.265), referred to as the Housing Authorities Law,
28added November 9, 2006 (P.L.1355, No.145), is amended to read:

1Section 10. Powers of an Authority.--An Authority shall
2constitute a public body, corporate and politic, exercising
3public powers of the Commonwealth as an agency thereof, which
4powers shall include all powers necessary or appropriate to
5carry out and effectuate the purpose and provisions of this act,
6including the following powers, in addition to others herein
7granted:

8* * *

9(gg) [To] Except for a housing authority that has a contract 
10with the State Civil Service Commission to provide for a merit 
11service system of employment to make, execute and enter into
12employment agreements, which are necessary or convenient to the
13exercise of the powers of the Authority, with any individual who
14is or will be hired to work in any position that is not
15represented by a bargaining representative under the act of July
1623, 1970 (P.L.563, No.195), known as the "Public Employe
17Relations Act," or part of a bargaining unit that has been
18created by an order of the Pennsylvania Labor Relations Board
19pursuant to the "Public Employe Relations Act." Such employment
20agreements must be in writing and must be approved by the
21Authority and may not be renewed except by the affirmative
22approval of the Authority. No such employment agreement nor any
23term thereof shall be enforceable or amended or renewed unless
24such agreement or amendment is in writing and approved by the
25Authority as stated above. Any employment agreement created or
26approved pursuant to this subsection may-- (1) identify the
27specific terms and conditions of the individual's employment;
28(2) confer a specific term of tenure in employment which may be
29for a specific period of time not to exceed five years; (3)
30otherwise limit or state the power of the Authority to summarily

1dismiss such employe and the circumstances under which such
2dismissal shall be exercised; or (4) any combination of
3subclauses (1) through (3) above; however, any employment
4agreement created or approved pursuant to this clause which
5confers a specific term or tenure of employment under subclause
6(2) above must also enumerate the circumstances under which the
7Authority may terminate the employment agreement for cause,
8including the lack of funding, prior to the expiration of the
9expressed term or agreement. If such agreement does not contain
10the items stated in subclause (2) or (3), the employe may be
11summarily dismissed by the Authority, and the agreement
12terminated at any time. Under no circumstances shall the mayor
13or any individual employe, official agent, attorney or member of
14the Authority be personally liable for any provision contained
15in any such employment agreement. Any employment agreement into
16which the Authority enters pursuant to this clause shall not be
17subject to the provisions of section 11 or to the contract
18procurement provisions, rules or regulations to which the
19Authority is otherwise subjected.

20Section 2. Any person hired by a lawfully executed
21employment contract and occupying a position in the classified
22service prior to the effective date of this section shall
23continue to serve in the same position and possess the rights of
24an employee in accordance with the provision of the act of
25August 5, 1941 (P.L.752, No.286), known as the Civil Service
26Act, for the duration of service in the position held on the day
27preceding the effective date of this section.

28Section 3. This act shall take effect immediately.