2006 Utah Code - 63-34-4 — Appointment of policy board members -- Terms -- Qualifications -- Expenses -- Removal -- Conflicts of interest.

     63-34-4.   Appointment of policy board members -- Terms -- Qualifications -- Expenses -- Removal -- Conflicts of interest.
     (1) The governor, with the consent of the Senate, shall appoint the members of the division policy boards created in Section 63-34-3.
     (2) (a) Except as required by Subsection (2)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
     (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
     (c) The board members shall be appointed for no more than two consecutive terms unless the governor considers an additional appointment necessary due to exceptional circumstances.
     (3) Members shall be appointed consistent with the following criteria:
     (a) geographical distribution;
     (b) expertise or personal experience with subject matter;
     (c) diversity of opinion and political preference; and
     (d) gender, cultural, and ethnic representation.
     (4) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) Members may decline to receive per diem and expenses for their service.
     (b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) State government officer and employee members may decline to receive per diem and expenses for their service.
     (5) (a) Any member may be removed at any time by the governor for official misconduct, habitual or willful neglect of duty, or for other good and sufficient cause.
     (b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
     (6) No member of the Legislature may serve as a member of a division policy board.
     (7) A board member shall disclose any conflict of interest to the board and if the conflict involves a direct financial interest in either the subject under consideration or an entity or asset that could be substantially affected by the outcome of board action, the member shall refrain from voting on the matter.

Amended by Chapter 176, 2002 General Session