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Governing board - 64 Pa. Cons. Stat. § 6005Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 6005. Governing board.
(a) Appointment.--Power of the authority shall be exercised
by a governing board composed of 15 members. Except as provided
in section 4 of the act of February 5, 2004 (P.L.7, No.3),
members of the board shall be appointed as follows:
(1) Each board of county commissioners or each county
council for each county within the Philadelphia Metropolitan
Statistical Area, excluding counties which are coterminous
with cities of the first class, shall appoint a resident of
its county as a member of the board by a majority vote of the
members of each board of county commissioners or each county
council. The term of office of a member of the board
appointed under this paragraph shall run concurrently with
the term of office of the chief executive officer of a city.
(2) The President pro tempore of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives shall each appoint one member of the board.
Each member shall serve at the pleasure of the member's
appointing authority. The term of office of a member of the
board appointed under this paragraph shall be for a period of
two years beginning on the third Tuesday of each January in
an odd-numbered year.
(3) The chief executive officer of the city in which a
convention center is located shall appoint one member of the
board who is a resident of the city in which the convention
center is located. The term of office of a member of the
board appointed under this paragraph shall run concurrently
with the term of office of the appointing authority.
(4) The chief executive officer of the city in which a
convention center is located shall appoint one member of the
board from five lists of four nominees prepared by each of
the following organizations:
(i) The Philadelphia Convention and Visitors Bureau.
(ii) The Multicultural Affairs Congress.
(iii) The Greater Philadelphia Tourism and Marketing
Corporation.
(iv) The Greater Philadelphia Hotel Association.
(v) The Independence Visitors Center Corporation.
Each of the four nominees of each of the five lists must be a
resident of the city in which a convention center is located
and must have significant experience in the hospitality
industry. The term of office of a member of the board
appointed under this paragraph shall run concurrently with
the term of office of the appointing authority.
(5) The president of the council of the city in which a
convention center is located shall appoint as a member of the
board the member of the council of the city in whose council
district the majority of the convention center is located.
The term of office of a member of the board appointed under
this paragraph shall run concurrently with the term of office
of the appointing authority.
(6) The minority leader of the council of the city in
which a convention center is located shall appoint as a
member of the board a resident of the city in which a
convention center is located unless the minority leader is
enrolled in the same political party as the member of the
board appointed under paragraph (5) was enrolled on the date
of the member's most recent election to council. If the
minority leader of the council of the city in which a
convention center is located is enrolled in the same
political party as the member of the board appointed under
paragraph (5) was enrolled on the date of the member's most
recent election to council, the president of the council of
the city in which a convention center is located shall
appoint as a member of the board a resident of the city in
which the convention center is located. The term of office of
a member of the board appointed under this paragraph shall
run concurrently with the term of office of the appointing
authority.
(7) The Governor shall appoint as a member of the board
a resident of the city in which the convention center is
located and shall appoint as a member of the board a resident
of the Philadelphia Metropolitan Statistical Area excluding
counties which are coterminous with cities of the first
class. The members of the board appointed under this
paragraph shall not be of the same political party. The
members of the board appointed under this paragraph shall be
appointed subject to the advice and consent of a majority of
the members elected to the Senate. The term of office of a
member of the board appointed under this paragraph shall run
concurrently with the term of office of the appointing
authority.
(8) The members of the board who are appointed under
paragraphs (1) through (7) shall, by a vote of eight members
of the board, appoint an additional member to the board who
shall serve as a chairman of the board. The member appointed
under this paragraph shall serve for a term coincident with
the term of the members of the board appointed under
paragraph (2). In the event the members of the board who are
appointed under paragraphs (1) through (7) cannot agree on an
additional member within 60 days of the office becoming
vacant, the Governor shall appoint an additional member of
the board who shall serve as chairman subject to the advice
and consent of a majority of the members elected to the
Senate. The member of the board appointed under this
paragraph by either the members of the board or the Governor
shall serve as a member of and chairman of the board until
his successor is duly appointed.
(9) The Secretary of the Budget shall serve as a
nonvoting ex officio member of the board. If the chief
financial officer of the city in which the convention center
is located is not an appointed member of the board, he shall
serve as a nonvoting ex officio member of the board.
(b) Certification and oath of office.--The appointing
authorities shall certify their respective appointments to the
Secretary of the Commonwealth. Within 30 days after
certification of his appointment and before entering upon the
duties of his office, each member of the board shall take and
subscribe the constitutional oath of office and file it in the
office of the Secretary of the Commonwealth.
(c) Terms and vacancies.--Except as otherwise provided,
members shall serve a term from the date of their appointment
and until their successors have been appointed and qualified. If
a vacancy shall occur by means of the death, disqualification,
abandonment, resignation or removal of a member or the chairman,
subject to the provisions of subsection (a), the appointing
authority shall appoint a successor to fill his unexpired term.
(d) Compensation.--Subject to an aggregate per annum
limitation and any other rules and regulations as the board
shall determine, a member shall receive $125 per diem when
engaged in the exercise of duties for the authority and shall
also be entitled to necessary expenses, including travel
expenses, incurred in the discharge of duties. In addition to
any other compensation provided under this subsection, the
chairman of the board of the authority shall be entitled to
receive such additional compensation as the board shall
determine. No other member of the board shall be entitled to any
additional compensation for extra service provided to the
authority. The per diem amount may be increased by a vote of
eight members of the board, but any increase shall not apply
during the term of office of board members voting or eligible to
vote on the per diem increase.
(e) Organization.--The members of the board shall select a
vice chairman and other officers as the board may determine from
the members of the board. Except as otherwise provided in this
chapter, all actions of the board shall be taken by a vote of
eight members of the board. The board shall have full authority
to manage the properties and business of the authority and to
prescribe, amend and repeal bylaws, rules and regulations
governing the manner in which the business of the authority may
be conducted and the powers granted to it may be exercised and
embodied. Notwithstanding any other law, court decision,
precedent or practice to the contrary, no actions by or on
behalf of the board shall be taken by any officer of the board
except upon the approval of a majority of the board. The
chairman, vice chairman or any other officer, committee or
employee of the board may take actions by or on behalf of the
board as authorized on at least an annual basis by a vote of
eight members of the board and subject to the supervision and
control of the board.
(f) Nonliability of members.--Members of the board shall not
be liable personally on the bonds or other obligations of the
authority. The rights of creditors shall be solely against the
authority. The authority, itself or by contract, shall defend,
indemnify and hold harmless board members, whether currently
members of the board or not, against and from any and all
personal liabilities, actions, causes of action and any and all
claims made against them for whatever actions they perform
within the scope of their duties as board members.
(g) Meetings.--Regular meetings of the board shall be held
at least once in each calendar month except July or August, the
time and place of the meetings to be fixed by the board. A
majority of the board shall constitute a quorum for the
transaction of business. All actions of the board shall be by
resolutions, and the affirmative vote of eight members of the
board shall be necessary for the adoption of any resolution.
(h) Abandonment.--A member of the board shall be deemed to
have abandoned office upon failure to attend any regular or
special meeting of the board without excuse approved by
resolution of the board for a period of four consecutive months
or upon removal of the member's residence from the metropolitan
area.
(i) Chairman removal.--The member of the board appointed
under subsection (a)(8) may be removed from the board only for
misfeasance or malfeasance by a vote of eight members of the
board. Prior to the member being removed, the member of the
board appointed under subsection (a)(8) must be given a copy of
the charges and an opportunity to be heard. Notice of the
charges must be provided at least ten days prior to the
opportunity to be heard. A hearing conducted in accordance with
this subsection must be held at a public meeting of the board.
The vice chairman of the board shall file a copy of the charges,
a copy of the record of the proceedings and a copy of the
findings of the board with the Department of State. If the
member of the board appointed under subsection (a)(8) is removed
by the board, the members of the board appointed under
subsection (a)(1) through (7) shall appoint an additional member
to the board in accordance with the provisions of subsection
(a)(8).
(j) Definition.--As used in this section, the term "actions
by or on behalf of the board" means any action whatsoever of the
board, including the hiring, appointment, removal, transfer,
promotion or demotion of any officers and employees, the
retention, use or remuneration of any advisors, counsel,
auditors, architects, engineers or consultants, the initiation
of any legal action, the making of any contracts, leases,
agreements, bonds, notes or covenants, the approval of
requisitions, purchase orders, investments and reinvestments and
the adoption, amendment, revision or rescission of any rules and
regulations, orders or other directives.
(k) Removal of chairman.--(Repealed).
(Feb. 5, 2004, P.L.7, No.3)
2004 Repeal Note. Act 3 repealed subsec. (k).
Effective Date. Section 7(2) of Act 3 of 2004 provided that
the addition of subsec. (i) and the repeal of subsec. (k) shall
take effect after December 31, 2005.
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Last modified: November 27, 2007 |