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Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 11701.434. Service district administrator

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) Appointment.--No later than 30 days following a decree of the court of common pleas under section 433(e),   1 the secretary shall appoint a service district administrator.  The administrator must have a minimum of five years' experience and demonstrable expertise in business, financial or State or local budgetary matters and be a resident of this Commonwealth for at least one year prior to appointment.

(b) Compensation and expenses.--The administrator's compensation and reimbursement for actual and necessary expenses shall be paid by the Commonwealth.  The date and amount of compensation shall be established by the secretary.  The department may require the compensation and expenses of the administrator to be reimbursed by an assessment for administrative costs under Subchapter D.   2

(c) Revocation and vacancy.--The secretary may the elected and appointed officials of the revoke the appointment of an administrator at any time.  A vacancy in the office of the administrator by way of revocation or resignation shall be filled in the same manner as the original appointment.

(d) Prohibitions.--An administrator may not:

(1) Seek or hold a position as any other elected or appointed public official within this Commonwealth or as a political party officer during the term of the administrator's tenure.

(2) Seek election as a public official or political party officer for one year after the person's service as administrator has ended.

(3) Engage in any conduct prohibited by the act of July 19, 1957 (P.L. 1017, No. 451),   3 known as the State Adverse Interest Act, or 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).

(e) Liability.--

(1) The administrator shall not be liable personally for any obligations of the municipality or unincorporated service district.

(2) It is declared to be the intent of the General Assembly that the administrator shall enjoy sovereign and official immunity as provided in 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed;  specific waiver) and shall remain immune from suit except as provided by and subject to the provisions of 42 Pa.C.S. Ch. 85 Subchs. A (relating to general provisions) and B (relating to actions against Commonwealth parties).

(f) Powers and duties.--Notwithstanding any other provision of law, the administrator shall have the following powers and duties:

(1) To require the municipality to take actions necessary for disincorporation under section 439,   4 including:

(i) The sale, conveyance, assignment or other use or disposition of the municipality's assets as provided by law.

(ii) The repayment of debt, bonds or other obligations before disincorporation.

(iii) Any other action necessary to implement the disincorporation.

(2) To seek a writ of mandamus against the governing body to carry out this subchapter.

(3) To identify essential services which should be provided to the residents and property owners of the district after the municipality is disincorporated.

(4) To approve, disapprove, modify, reject, terminate or renegotiate contracts and agreements to provide services to the residents and property owners of the district.

(5) To deposit all funds collected to administer Subchapter D in the municipality's restricted account and to requisition moneys from the restricted account.

(6) To apply for grants, loans or payments under any economic and community development program funded by the Commonwealth.

(7) To establish fees which may be assessed to fund essential services provided by contract or intergovernmental cooperation agreements under Subchapter D.

(8) To meet and consult with the municipal governing body before disincorporation and the district advisory committee after the establishment of the district.

(9) To meet and consult with county officials to prevent, abate and mediate blight as permissible by law.

(10) To contract for professional services to aid in the administrator's duties under this subchapter and Subchapter D.

(11) To seek enforcement of any provision of this subchapter and Subchapter D.

(12) To seek invalidation of any act by the governing body of the municipality in conflict with the administrator's essential services plan.

1  53 P.S. § 11701.433.
2  53 P.S. § 11701.441 et seq.
3  71 P.S. § 776.1 et seq.
4  53 P.S. § 11701.439.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 11701.434. Service district administrator - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-53-ps-municipal-and-quasimunicipal-corporations/pa-st-sect-53-11701-434/

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