Port Corporation restrictions

Act 113 of 1988, § 7, under CAPITAL BUDGET PROJECT ITEMIZATION ACT - 1987/1988.

Act 113 of 1988, § 7

Section 7. Port Corporation restrictions.

(a) Contracts.--As a condition of the Commonwealth's initial and continued participation in the capital construction projects authorized under section 3(13)(xxi) for the Philadelphia Port Corporation, the policies of the Port Corporation must provide that no member of the board or management level employee of the board or a member of his immediate family or any business or professional services firm in which the person or a member of the person's immediate family is a director, officer, owner, partner, or holder of stock exceeding 5% of the equity at fair market value of the business shall enter into any contract valued at $500 or more to provide goods or services to the Port Corporation or its subsidiaries unless the contract has been awarded to the lowest responsible bidder through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded.

(b) Employees.--As a condition of the Commonwealth's initial and continued participation in the capital construction projects authorized under section 3(13)(xxi) for the Philadelphia Port Corporation, the policies of the Port Corporation must provide that no management level Port Corporation employee is a party officer, public official, public employee or a member of the immediate family of a party officer, public officer or public official.

(c) Affirmative action.--The Philadelphia Port Corporation shall develop and implement an affirmative action plan to assure that all persons are accorded equality of opportunity in employment and contracting by the Philadelphia Port Corporation, its contractors, subcontractors, assignees, lessees, agents, vendors and suppliers. The Philadelphia Port Corporation, its contractors, subcontractors, assignees, lessees, agents, vendors and suppliers shall not be subject to any city laws, ordinances, rules or regulations relating to any limits or preferences with regard to employment, contracting or procurement in the construction and operation of the Philadelphia Port Corporation, nor shall they adopt, as part of any affirmative action plan, any limits or preferences with regard to employment, contracting or procurement in the construction and operation of the Philadelphia Port Corporation.

(d) Definitions.--"Management level employees" shall mean the President and Chief Executive Officer of the Port Corporation, the Counsel of the corporation and any corporation employee with discretionary powers which may affect the outcome of the corporation's decisions in relation to a private corporation or business or any employee who by virtue of his job function could influence the outcome of such a decision. "Party officer," "public officer," "public official," "public employee" and "immediate family" shall have the meanings given to them in section 16(e) of the act of June 27, 1986 (P.L.267, No.70), known as the Pennsylvania Convention Center Authority Act.

(e) Limitation on Philadelphia Port projects.--No funds shall be distributed or expended relative to Philadelphia Port projects itemized in section 3(13)(xxi)(C), (D), (E), (G), (I), (J) and (L) until such time as legislation is enacted by the General Assembly that revises the method of governance of the Philadelphia Port Corporation or its successor agency.