17B-2a-807.  Small public transit district board of trustees — Appointment — Apportionment — Qualifications — Quorum — Compensation — Terms.

(1) 

Terms Used In Utah Code 17B-2a-807

  • Chief executive officer: means a person appointed by the board of trustees of a small public transit district to serve as chief executive officer. See Utah Code 17B-2a-802
  • Ex officio: Literally, by virtue of one's office.
  • Locally elected public official: means a person who holds an elected position with a county or municipality. See Utah Code 17B-2a-802
  • Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
  • Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802
  • Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802
  • Quorum: The number of legislators that must be present to do business.
  • Small public transit district: means any public transit district that is not a large public transit district. See Utah Code 17B-2a-802
  • Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
  • Writing: includes :Utah Code 68-3-12.5
(a)  For a small public transit district, the board of trustees shall consist of members appointed by the legislative bodies of each municipality, county, or unincorporated area within any county.

(b)  The legislative bodies of each municipality, county, or unincorporated area within any county shall establish a governing ordinance for the small public transit district, which shall include:

(i)  the method for apportioning representation on the board of trustees among the relevant municipalities, counties, or unincorporated areas of any counties within the boundary of the small public transit district;

(ii)  subject to Subsection (1)(c), the number of members of the board of trustees;

(iii)  the method for reapportionment of representation on the board of trustees based on changes in the boundary of the small public transit district; and

(iv)  other aspects of appointment and apportionment of membership of the board of trustees as necessary.

(c)  A board of trustees of a small public transit district may have membership of not less than five and not more than nine members.

(d)  The board of trustees of a public transit district under this section may include a member that is a commissioner on the Transportation Commission created in Section 72-1-301 and appointed as provided in Subsection (8), who shall serve as a nonvoting, ex officio member.

(2)  Upon the completion of an annexation to a public transit district under 4, membership on the board of trustees of the small public transit district shall reapportion membership as described in the governing ordinance enacted pursuant to Subsection (1)(b).

(3) 

(a)  Vacancies for 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 (1) does not fill the vacancy within 90 days, the board of trustees of the small public transit district shall fill the vacancy.

(4) 

(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.

(5)  Each public transit district shall pay to each member per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103.

(6) 

(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)  The board of trustees shall elect from its voting membership a chair, vice chair, and secretary.

(c)  The members elected under Subsection (6)(b) shall serve for a period of two years or until their successors shall be elected and qualified.

(d)  A locally elected public official is not eligible to serve as the chair, vice chair, or secretary of the board of trustees.

(7) 

(a)  Except as otherwise authorized under Subsection (7)(b), at the time of a member’s appointment or during a member’s tenure in office, a member may not hold any employment, except as an independent contractor or locally elected public official, with a county or municipality within the district.

(b)  A member appointed by a county or municipality may hold employment with the county or municipality if the employment is disclosed in writing and the public transit district board of trustees ratifies the appointment.

(8)  The Transportation Commission created in Section 72-1-301 may appoint a commissioner of the Transportation Commission to serve on the board of trustees of a small public transit district as a nonvoting, ex officio member.

(9) 

(a) 

(i)  Each member of the board of trustees of a public transit district is subject to recall at any time by the legislative body of the county or municipality from which the member is appointed.

(ii)  Each recall of a board of trustees member shall be made in the same manner as the original appointment.

(iii)  The legislative body recalling a board of trustees member shall provide written notice to the member being recalled.

(b)  Upon providing written notice to the board of trustees, a member of the board may resign from the board of trustees.

(c)  If a board member is recalled or resigns under this Subsection (9), the vacancy shall be filled as provided in Subsection (3).

Amended by Chapter 508, 2023 General Session

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