Bill Text: PA SB1088 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for powers of an authority.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-03 - Referred to URBAN AFFAIRS AND HOUSING [SB1088 Detail]

Download: Pennsylvania-2011-SB1088-Introduced.html

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PRINTER'S NO. 1268
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1088 Session of2011
INTRODUCED BY FOLMER, GREENLEAF, RAFFERTY, SCHWANK AND FERLO, JUNE 3, 2011
REFERRED TO URBAN AFFAIRS AND HOUSING, JUNE 3, 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 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
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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.
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