2006 Utah Code - 17A-2-1038 — Board of trustees -- Appointment -- Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.

     17A-2-1038.   Board of trustees -- Appointment -- Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
     (1) (a) All powers, privileges, and duties vested in any incorporated district shall be performed by a board of trustees.
     (b) The board may delegate the exercise of any duty to any of the offices created under this part.
     (2) If 200,000 people or fewer reside within the district boundaries:
     (a) (i) the board of trustees shall consist of:
     (A) members appointed by the legislative bodies of each municipality, county, or unincorporated area within any county on the basis of one member for each full unit of regularly scheduled passenger routes proposed to be served by the district in each municipality or unincorporated area within any county in the following calendar year; and
     (B) for purposes of determining membership under Subsection (2)(a)(i)(A), the number of service miles comprising a unit shall be determined jointly by the legislative bodies of the municipalities or counties comprising the district; and
     (ii) the board of trustees may consist of a member that is a commissioner on the Transportation Commission created in Section 72-1-301 and appointed as provided in Subsection (10), who shall serve as a nonvoting, ex officio member;
     (b) members appointed under this Subsection (2) shall be appointed and added to the board or omitted from the board at the time scheduled routes are changed, or as municipalities, counties, or unincorporated areas of counties annex to or withdraw from the district using the same appointment procedures; and
     (c) for purposes of appointing members under Subsection (2)(b), municipalities, counties, and unincorporated areas of counties in which regularly scheduled passenger routes proposed to be served by the district in the following calendar year is less than a full unit, as defined in Subsection (2)(a), may combine with any other similarly situated municipality or unincorporated area to form a whole unit and may appoint one member for each whole unit formed.
     (3) (a) If more than 200,000 people reside within the district boundaries, the board of trustees shall consist of 15 members appointed as described under this Subsection (3) and one nonvoting, ex officio member appointed as provided in Subsection (10).
     (b) Except as provided under Subsections (3)(c) and (3)(d), the board shall apportion voting members to each county within the district using an average of:
     (i) the proportion of population included in the district and residing within each county, rounded to the nearest 1/15 of the total transit district population; and
     (ii) the proportion of transit sales and use tax collected from areas included in the district and within each county, rounded to the nearest 1/15 of the total transit sales and use tax collected for the transit district.
     (c) The board shall join an entire or partial county not apportioned a voting member under this Subsection (3) with an adjacent county for representation. The combined apportionment basis included in the district of both counties shall be used for the apportionment.
     (d) If rounding to the nearest 1/15 of the total transit district apportionment basis under Subsection (3)(b) results in an apportionment of:
     (i) more than 15 members, the county or combination of counties with the smallest additional fraction of a whole member proportion shall have one less member apportioned to it;

or
     (ii) less than 15 members, the county or combination of counties with the largest additional fraction of a whole member proportion shall have one more member apportioned to it.
     (e) If the unincorporated area of a county is at least 1/15 of the district's population, the county executive, with the advice and consent of the county legislative body, shall appoint one voting member to represent each 1/15 of the district's population within a county's unincorporated area population.
     (f) If a municipality's population is at least 1/15 of the district's population, the chief municipal executive, with the advice and consent of the municipal legislative body, shall appoint one voting member to represent each 1/15 of the district's population within a municipality.
     (g) The number of voting members appointed from a county and municipalities within a county under Subsections (3)(e) and (f) shall be subtracted from the county's total voting member apportionment under this Subsection (3).
     (h) If the entire county is within the district, the remaining voting members for the county shall represent the county or combination of counties if Subsection (3)(c) applies, or the municipalities within the county.
     (i) If the entire county is not within the district, and the county is not joined with another county under Subsection (3)(c), the remaining voting members for the county shall represent a municipality or combination of municipalities.
     (j) Except as provided under Subsections (3)(e) and (f), voting members representing counties, combinations of counties if Subsection (3)(c) applies, or municipalities within the county shall be designated and appointed by a simple majority of the chief executives of the municipalities within the county or combinations of counties if Subsection (3)(c) applies. The appointments shall be made by joint written agreement of the appointing municipalities, with the consent and approval of the county legislative body of the county that has at least 1/15 of the district's apportionment basis.
     (k) Voting members representing a municipality or combination of municipalities shall be designated and appointed by the chief executive officer of the municipality or simple majority of chief executive officers of municipalities with the consent of the legislative body of the municipality or municipalities.
     (l) The appointment of voting members shall be made without regard to partisan political affiliation from among citizens in the community.
     (m) Each voting member shall be a bona fide resident of the municipality, county, or unincorporated area or areas which the voting member is to represent for at least six months before the date of appointment, and must continue in that residency to remain qualified to serve as a voting member.
     (n) (i) All population figures used under this section shall be derived from the most recent official census or census estimate of the United States Bureau of the Census.
     (ii) If population estimates are not available from the United States Bureau of Census, population figures shall be derived from the estimate from the Utah Population Estimates Committee.
     (iii) All transit sales and use tax totals shall be obtained from the State Tax Commission.
     (o) (i) The board shall be apportioned as provided under this section in conjunction with the decennial United States Census Bureau report every ten years.
     (ii) Within 120 days following the receipt of the population estimates under this

Subsection (5)(k), the district shall reapportion representation on the board of trustees in accordance with this section.
     (iii) The board shall adopt by resolution a schedule reflecting the current and proposed apportionment.
     (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to each of its constituent entities as defined under Section 17A-1-501.
     (v) The appointing entities gaining a new board member shall appoint a new member within 30 days following receipt of the resolution.
     (vi) The appointing entities losing a board member shall inform the board of which member currently serving on the board will step down upon appointment of a new member under Subsection (5)(k)(v).
     (4) (a) Except the initial members of the board, the terms of office of the voting members of the board shall be two years or until a successor is appointed, qualified, seated, and has taken the oath of office.
     (b) At the first meeting of the initial members of the board held after July 1, 2004, voting members of the board shall designate by the drawing of lots for 1/2 of their number to serve for one-year terms and 1/2 for two-year terms.
     (c) A voting member may not be appointed for more than three successive full terms.
     (5) (a) Vacancies for voting members shall be filled by the official appointing the member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy within 90 days.
     (b) If the appointing official under Subsection (2) does not fill the vacancy within 90 days, the board of trustees of the authority shall fill the vacancy.
     (c) If the appointing official under Subsection (3) does not fill the vacancy within 90 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
     (6) (a) Each voting member may cast one vote on all questions, orders, resolutions, and ordinances coming before the board of trustees.
     (b) A majority of all voting members of the board of trustees are a quorum for the transaction of business.
     (c) The affirmative vote of a majority of all voting members present at any meeting at which a quorum was initially present shall be necessary and, except as otherwise provided, is sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
     (7) The district shall pay to each voting member:
     (a) an attendance fee of $50 per board or committee meeting attended, not to exceed $200 in any calendar month to any voting member; and
     (b) reasonable mileage and expenses necessarily incurred to attend board or committee meetings.
     (8) (a) Members of the initial board of trustees shall convene at the time and place fixed by the chief executive officer of the entity initiating the proceedings.
     (b) Immediately upon convening, the board of trustees shall elect from its voting membership a president, vice president, and secretary who shall serve for a period of two years or until their successors shall be elected and qualified.
     (9) At the time of a voting member's appointment or during a voting member's tenure in office, a voting member may not hold any employment, except as an independent contractor or elected public official, with a county or municipality within the district.

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     (10) The Transportation Commission created in Section 72-1-301:
     (a) for public transit districts serving a population of 200,000 people or fewer, may appoint a commissioner of the Transportation Commission to serve on the board of trustees as a nonvoting, ex officio member; and
     (b) for public transit districts serving a population of more than 200,000 people, shall appoint a commissioner of the Transportation Commission to serve on the board of trustees as a nonvoting, ex officio member.

Amended by Chapter 336, 2004 General Session
Amended by Chapter 295, 2004 General Session