2006 Utah Code - 17A-2-411 — Board of trustees -- Selection procedures -- Surety bonds -- Other provisions applicable -- Board membership for certain service areas providing fire protection, paramedic, and emergency services.

     17A-2-411.   Board of trustees -- Selection procedures -- Surety bonds -- Other provisions applicable -- Board membership for certain service areas providing fire protection, paramedic, and emergency services.
     (1) Each service area authorized under this part shall be governed by a board of trustees.
     (2) (a) Except as provided in Subsection (11), upon the creation of a county service area, the county legislative body may adopt an ordinance declaring that the county legislative body of the county shall act as the trustees of the service area.
     (b) Upon passage of the ordinance, the county legislative body of the county shall act as trustees of the service area with all the powers, authority, and responsibility vested in the trustees under this part.
     (c) (i) The county legislative body, when acting as trustees, may use any existing county offices, officers, or employees for the purposes of the service area.
     (ii) The county legislative body shall charge costs of those services to the service area and require them to be paid to the county treasurer for the general fund of the county.
     (3) Except as provided in Subsection (11), at any time after the creation of a board of trustees as provided in Subsection (1), if no elected board has been established as provided in this section, the county legislative body of the county in which the service area is located may:
     (a) by ordinance, delegate its powers to an appointed or elected board of trustees as provided in Chapter 1, Part 3, Special District Board Selection Procedures; and
     (b) provide for the appointment or election of the board by following the procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
     (4) Except as provided in Subsection (11), at any time after the creation of a board of trustees as provided in Subsections (2) and (3), the county legislative body shall hold an election for trustees by following the procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures, if:
     (a) the county legislative body receives a petition requesting that an election for trustees be held that is:
     (i) signed by at least 10% of persons eligible to vote in an election in a service area authorized under this part; and
     (ii) filed with the county legislative body at least 30 days before the date set for a bond election or 90 days before the date set for any municipal election; or
     (b) territory located within a municipality is annexed into the county service area under Title 17B, Chapter 2, Part 5, Annexation.
     (5) (a) If there is no elected board of trustees at the time of the first bond election, trustees shall be elected in conjunction with that bond election, except as provided in Subsection (11).
     (b) Candidates for election to the board of trustees shall be taxpayers and qualified voters in the service area.
     (c) At any time within 30 days after the county legislative body has called a bond election, but not less than 15 days before the day of election, any person who is qualified to vote in the service area may file a signed statement with the county clerk announcing the person's candidacy to be one of the first elected trustees of the service area.
     (d) The board of trustees shall provide a ballot separate from the bond ballot that contains the names of the candidates and blanks in which the voters may write in additional names.

---

     (e) A voter at the election may vote for the number of trustee positions to be filled.
     (f) The persons receiving the highest number of votes at the election are members of the board of trustees.
     (6) (a) Each member of the board of trustees may vote on all questions, orders, resolutions, and ordinances coming before the board.
     (b) Notwithstanding Section 17B-2-404, if the county legislative body acts as the board of trustees, no compensation may be paid to them as trustees.
     (c) Each trustee who is also a member of the county legislative body shall take the oath of office and shall give the bond that is required by law for members of the county legislative body.
     (7) All qualified voters in the service area may vote in elections to select trustees and in elections to approve the issuance of bonds.
     (8) Following the election or appointment of the first trustees, each elected trustee shall be elected according to the procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
     (9) Each vacancy of an elected trustee in office shall be filled according to the procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
     (10) (a) Except as provided in Subsection (11), the provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each county service area to the same extent as if the county service area were a local district under Title 17B, Chapter 2, Local Districts.
     (b) (i) If a change in the number of board of trustees members is necessary to comply with the requirements of Subsection 17B-2-402(1), the board of trustees may by majority vote, notwithstanding Subsection 17B-2-402(3), change the number of board members to the next odd number higher or lower than the number of current board members.
     (ii) If a change under Subsection (10)(b)(i) decreases the number of board members, the change may not take effect until the expiration of the term of the member whose term next expires.
     (iii) If a change in the number of board members necessitated by Subsection 17B-2-402(1) would cause the district to violate a provision of bonds issued by the district, the number of board members may be modified to the extent necessary to avoid a violation.
     (c) (i) If a change in the expiration date of the term of a board of trustees member is necessary to comply with the requirements of Subsection 17B-2-403(1), the term of each board member whose term expires on a day other than the first Monday in January shall be extended to the first Monday in January after the normal expiration date next following the special district election date under Section 17A-1-305.
     (ii) If a change in the length of the term of a board of trustees member is necessary to comply with the requirements of Subsection 17B-2-403(2), the change may not take effect until the expiration of the term of the member whose term length is to be changed.
     (11) (a) This Subsection (11) applies to a county service area created on or after May 5, 2003 if:
     (i) the county service area was created to provide fire protection, paramedic, and emergency services; and
     (ii) in the creation of the county service area, an election was not required under Subsection 17B-2-214(3)(c).
     (b) (i) Each county whose unincorporated area is included within the county service area,

whether in conjunction with the creation of the county service area or by later annexation, shall appoint three members to the board of trustees.
     (ii) Each municipality whose area is included within the county service area, whether in conjunction with the creation of the county service area or by later annexation, shall appoint one member to the board of trustees.
     (iii) Each member appointed by a county under Subsection (11)(b)(i) shall be an elected official of the appointing county, and each member appointed by a municipality under Subsection (11)(b)(ii) shall be an elected official of the appointing municipality.
     (c) The number of members of a board of trustees of a county service area to which this Subsection (11) applies shall be the number resulting from application of Subsection (11)(b).
     (d) An employee of the county service area may not serve as a member of the board of trustees.

Amended by Chapter 257, 2003 General Session