(a) Legal division.--The general manager shall establish a legal division which shall be administered by a full-time general counsel, who shall be an attorney at law admitted to practice before the Supreme Court of Pennsylvania and who shall be appointed by the general manager to serve at his or her pleasure. The legal division, in addition to the general counsel, shall consist of those attorneys and other employees as the general counsel shall, from time to time, determine to be necessary and who shall be appointed by the general manager. Except as provided in section 1721 (relating to counsel to the board), the legal division shall administer the legal affairs of the authority, shall prosecute and defend, settle or compromise all suits or claims for and on behalf of the authority and shall advise the general manager in all matters relating to his or her official duties. The authority shall not be considered either an executive agency or an independent agency for the purpose of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, but shall possess the same status for such purpose as the Auditor General, the State Treasurer and the Pennsylvania Public Utility Commission, except that the provisions of section 204(b) and (f) of the Commonwealth Attorneys Act shall not apply to the authority and, notwithstanding the provisions of 42 Pa.C.S. ยง 8525 (relating to legal assistance), the authority through its counsel shall defend actions brought against the authority and its officers and employees when acting within the scope of their official duties.
(b) Other counsel.--The general counsel may, from time to time, with the approval of the general manager, retain such other legal counsel on such terms and for such purposes as shall be deemed by the general manager to be necessary or in cases where the needs of the authority would be better served. Nothing in this section or in section 1721 shall be construed so as to limit the power of the legal or other officers of the counties and municipalities comprising the metropolitan area to act in behalf of the general manager in their official capacities when requested to do so by the general manager.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 17 - Metropolitan Transportation Authorities
Section 1711 - Creation of metropolitan transportation authorities
Section 1712 - Governing and policymaking body
Section 1713 - Appointment of board members
Section 1714 - Resignation and vacancies
Section 1715 - Meetings, quorum, officers and records
Section 1716 - Secretary, oath, bond
Section 1719 - General manager
Section 1721 - Counsel to the board
Section 1722 - Legal division and general counsel
Section 1723 - Other employees
Section 1724 - Personnel matters
Section 1725 - Public hearings
Section 1726 - Citizen advisory committee
Section 1727 - Investigations and subpoenas
Section 1728 - Conflicts of interest
Section 1742 - Power to acquire property
Section 1743 - Power to contract with public utilities
Section 1744 - Power of eminent domain
Section 1745 - Use of ways occupied by passenger utilities
Section 1746 - Transfer of records by Pennsylvania Public Utility Commission
Section 1747 - Acquisition of equipment
Section 1748 - Transfers of facilities or things of value to any authority
Section 1749 - Compacts to finance operations and particular projects
Section 1750 - Contracts, procurement and sale of property
Section 1751 - Fiscal provisions
Section 1752 - Financial statements and audit
Section 1753 - Aid from Federal Government
Section 1761 - Management of funds
Section 1764 - Contracts with obligees of an authority
Section 1765 - Commonwealth pledges
Section 1766 - Provisions of bonds and trust indentures
Section 1767 - Bonds to be legal investments
Section 1768 - Rights and remedies
Section 1769 - Additional remedies conferrable by an authority
Section 1770 - Validity of pledge
Section 1771 - Security interest in funds and accounts
Section 1772 - Payment of proceeds of tax levied for authority purposes
Section 1773 - Limitation on authority under Federal bankruptcy code
Section 1781 - Exemption from taxation
Section 1782 - Rights and remedies preserved
Section 1783 - Officers and employees continued