PRINTER'S NO. 1228
No. 1082 Session of 1999
INTRODUCED BY HORSEY, WASHINGTON, RAMOS, MYERS, PRESTON, BISHOP,
CARN, EVANS, JAMES, KIRKLAND, OLIVER, ROBINSON, ROEBUCK,
THOMAS AND YOUNGBLOOD, MARCH 24, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 1999
AN ACT
1 Amending the act of June 25, 1919 (P.L.581, No.274), entitled
2 "An act for the better government of cities of the first
3 class of this Commonwealth," establishing a Board of
4 Directors of City Trusts; and providing for its powers and
5 duties and for appointment of directors.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of June 25, 1919 (P.L.581, No.274),
9 referred to as the First Class City Government Law, is amended
10 by adding an article to read:
11 ARTICLE XXVI.
12 Directors of City Trusts.
13 Section 1. The Board of Directors of City Trusts shall
14 administer all real and personal property of the city dedicated
15 to charitable uses or trusts, as well as the control and
16 management of the persons or any orphans or others who are the
17 objects of such charity.
18 Section 2. The directors of city trusts shall be appointed
19 as follows:
1 (1) By the Governor, two directors.
2 (2) By the President pro tempore of the Senate, one
3 director.
4 (3) By the Minority Leader of the Senate, one director.
5 (4) By the Speaker of the House of Representatives, one
6 director.
7 (5) By the Minority Leader of the House of Representatives,
8 one director.
9 (6) By the mayor, one director.
10 (7) By the president of the city council, one director.
11 (b) The city controller shall serve as a director by virtue
12 of his position.
13 (c) Appointments under subsection (a) shall be for terms of
14 four years, except that the initial appointments by the Speaker
15 of the House of Representatives and minority leader of the House
16 of Representatives and the mayor and president of city council
17 shall be for terms of two years.
18 (d) No appointed director shall serve more than two terms.
19 (e) Any vacancy occurring during the term of an appointed
20 director shall be filled for the unexpired term by a successor
21 appointed in the same manner as his predecessor.
22 (f) All directors must have experience in finance,
23 management or education.
24 (g) All directors must be residents of the city.
25 (h) The board of directors must include women and members of
26 minority groups.
27 Section 3. (a) The Board of Directors of Trusts shall meet
28 every month and as often as the business entrusted to them may
29 require.
30 (b) A majority of the whole shall constitute a quorum for
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1 the transaction of business.
2 (c) At the first meeting of the directors of trusts after
3 organization, and annually thereafter, they shall elect from
4 their own number a president, who shall serve until the first
5 day of the following year.
6 (d) A secretary, who shall be a salaried officer, and not a
7 member of the board, shall be appointed to serve for the same
8 period as the president.
9 (e) The City Controller shall be the treasurer of the board.
10 Section 4. (a) The directors of trusts shall have power to
11 make rules and bylaws for the proper regulation of their
12 business, to appoint as many agents as in their judgment are
13 required for the proper discharge of their duties, and to
14 determine the duties and compensation of their agents and
15 appointees.
16 (b) The board shall be authorized, in the name of the city
17 and in accordance with the conditions of the charitable trusts,
18 to make all leases, contracts and agreements which, in the
19 course of the administration and management of the charitable
20 property, it may from time to time become necessary and proper
21 to make and execute.
22 (c) It shall be the duty of the directors of trusts, for and
23 in the name of the city, to do, perform and discharge whatever
24 acts and duties are or from time to time may become proper or
25 necessary to be done by the city in discharge of the trusts, and
26 to make an annual report of their activities to the city council
27 and to the General Assembly.
28 Section 5. It shall be the duty of the directors of trusts,
29 immediately after their organization, to provide a suitable
30 place for the safekeeping of all title papers, books of account,
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1 records and documents, pertaining to the property in their care
2 and management. On notice to the agents and employes of the city
3 having such title papers, account books, records and documents
4 in their charge, they shall be delivered into the custody of the
5 board of trusts.
6 Section 6. (a) The directors, in the discharge of their
7 duties, and within the scope of their powers, shall be
8 considered agents of the city.
9 (b) No compensation shall be received by directors for their
10 services.
11 (c) No director shall have or acquire any personal interest
12 in any lease or contract made by the city, whether through the
13 director or through any agent or employe appointed by the
14 director.
15 Section 2. The terms of all current directors of city trusts
16 shall expire 60 days after enactment of this act, at which time
17 the terms of directors appointed under this act shall commence.
18 No current director shall be appointed as a director under this
19 act.
20 Section 3. All acts and parts of acts are repealed insofar
21 as they are inconsistent with this act.
22 Section 4. This act shall take effect immediately.
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