2006 Utah Code - 17A-1-303 — Appointment procedures for appointed members.

     17A-1-303.   Appointment procedures for appointed members.
     (1) The appointing authority may, by resolution, appoint persons to serve as members of a special district board by following the procedures established by this section.
     (2) (a) In any calendar year when appointment of a new special district board member is required, the appointing authority shall prepare a notice of vacancy that contains:
     (i) the positions that are vacant that must be filled by appointment;
     (ii) the qualifications required to be appointed to those positions;
     (iii) the procedures for appointment that the governing body will follow in making those appointments; and
     (iv) the person to be contacted and any deadlines that a person must meet who wishes to be considered for appointment to those positions.
     (b) The appointing authority shall:
     (i) post the notice of vacancy in four public places within the special district at least one month before the deadline for accepting nominees for appointment; and
     (ii) publish the notice of vacancy:
     (A) in a daily newspaper of general circulation within the special district for five consecutive days before the deadline for accepting nominees for appointment; or
     (B) in a local weekly newspaper circulated within the special district in the week before the deadline for accepting nominees for appointment.
     (c) The appointing authority may bill the special district for the cost of preparing, printing, and publishing the notice.
     (3) (a) Not sooner than two months after the appointing authority is notified of the vacancy, the appointing authority shall select a person to fill the vacancy from the applicants who meet the qualifications established by law.
     (b) The appointing authority shall:
     (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the appointment;
     (ii) allow any interested persons to be heard; and
     (iii) adopt a resolution appointing a person to the special district board.
     (c) If no candidate for appointment to fill the vacancy receives a majority vote of the appointing authority, the appointing authority shall select the appointee from the two top candidates by lot.
     (4) Persons appointed to serve as members of the special district board serve four-year terms, but may be removed with cause at any time after a hearing by 2/3 vote of the appointing body.
     (5) At the end of each board member's term, the position is considered vacant and the governing body may either reappoint the old board member or appoint a new member after following the appointment procedures established in this section.
     (6) Notwithstanding any other provision of this section, if the appointing authority appoints one of its own members, it need not comply with the provisions of this section.

Amended by Chapter 14, 2006 General Session