17B-2a-807.2. Existing large public transit district board of trustees — Appointment — Quorum — Compensation — Terms.
(1)
Terms Used In Utah Code 17B-2a-807.2
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Council of governments: means a decision-making body in each county composed of membership including the county governing body and the mayors of each municipality in the county. See Utah Code 17B-2a-802
Large public transit district: means a public transit district that provides public transit to an area that includes:
(a)
more than 65% of the population of the state based on the most recent official census or census estimate of the United States Census Bureau; and
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.
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(a)
(i)
For a large public transit district created before January 1, 2019, and except as provided in Subsection (7), the board of trustees shall consist of three members appointed as described in Subsection (1)(b).
(ii)
For purposes of a large public transit district created before January 1, 2019, the nominating regions are as follows:
(A)
a central region that is Salt Lake County;
(B)
a southern region that is comprised of Utah County and the portion of Tooele County that is part of the large public transit district; and
(C)
a northern region that is comprised of Davis County, Weber County, and the portion of Box Elder County that is part of the large public transit district.
(iii)
(A)
If a large public transit district created before January 1, 2019, annexes an additional county into the large public transit district pursuant to Section 17B-1-402, following the issuance of the certificate of annexation by the lieutenant governor, the political subdivisions making up the large public transit district shall submit to the Legislature for approval a proposal for the creation of three regions for nominating members to the board of trustees of the large public transit district.
(B)
If a large public transit district created before January 1, 2019, has a change to the boundaries of the large public transit district, the Legislature, after receiving and considering the proposal described in Subsection (1)(a)(iii)(A), shall designate the three regions for nominating members to the board of trustees of the large public transit district.
(b)
(i)
Except as provided in Subsection (5), the governor, with advice and consent of the Senate, shall appoint the members of the board of trustees, making:
(A)
one appointment from individuals nominated from the central region as described in Subsection (2);
(B)
one appointment from individuals nominated from the southern region described in Subsection (3); and
(C)
one appointment from individuals nominated from the northern region described in Subsection (4).
(2)
For the appointment from the central region, the governor shall appoint one individual selected from five individuals nominated as follows:
(a)
two individuals nominated by the council of governments of Salt Lake County; and
(b)
three individuals nominated by the mayor of Salt Lake County, with approval of the Salt Lake County council.
(3)
For the appointment from the southern region, the governor shall appoint one individual selected from five individuals nominated as follows:
(a)
two individuals nominated by the council of governments of Utah County;
(b)
two individuals nominated by the county commission of Utah County; and
(c)
one individual nominated by the county commission of Tooele County.
(4)
For the appointment from the northern region, the governor shall appoint one individual selected from five individuals nominated as follows:
(a)
one individual nominated by the council of governments of Davis County;
(b)
one individual nominated by the council of governments of Weber County;
(c)
one individual nominated by the county commission of Davis County;
(d)
one individual nominated by the county commission of Weber County; and
(e)
one individual nominated by the county commission of Box Elder County.
(5)
(a)
The nominating counties described in Subsections (2) through (4) shall ensure that nominations are submitted to the governor no later than June 1 of each respective nominating year.
(b)
If the governor fails to appoint one of the individuals nominated as described in Subsection (2), (3), or (4), as applicable, within 60 days of the nominations, the following appointment procedures apply:
(i)
for an appointment for the central region, the Salt Lake County council shall appoint an individual, with confirmation by the Senate;
(ii)
for an appointment for the southern region, the Utah County commission shall appoint an individual, in consultation with the Tooele County commission, with confirmation by the Senate; and
(iii)
for an appointment for the northern region, the Davis County commission and the Weber County commission, collectively, and in consultation with the Box Elder County commission, shall appoint an individual, with confirmation by the Senate.
(6)
(a)
Each nominee shall be a qualified executive with technical and administrative experience and training appropriate for the position.
(b)
The board of trustees of a large public transit district shall be full-time employees of the public transit district.
(c)
The compensation package for the board of trustees shall be determined by the local advisory council as described in Section 17B-2a-808.2.
(d)
(i)
Subject to Subsection (6)(d)(iii), for a board of trustees of a large public transit district, “quorum” means at least two members of the board of trustees.
(ii)
Action by a majority of a quorum constitutes an action of the board of trustees.
(iii)
A meeting of a quorum of a board of trustees of a large public transit district is subject to Section 52-4-103 regarding convening of a three-member board of trustees and what constitutes a public meeting.
(7)
(a)
Subject to Subsection (8), each member of the board of trustees of a large public transit district shall serve for a term of four years.
(b)
A member of the board of trustees may serve an unlimited number of terms.
(c)
Notwithstanding Subsection (2), (3), or (4), as applicable, at the expiration of a term of a member of the board of trustees, if the respective nominating entities and individuals for the respective region described in Subsection (2), (3), or (4), unanimously agree to retain the existing member of the board of trustees, the respective nominating individuals or bodies described in Subsection (2), (3), or (4) are not required to make nominations to the governor, and the governor may reappoint the existing member to the board of trustees.
(8)
Each member of the board of trustees of a large public transit district shall serve at the pleasure of the governor.
(9)
Subject to Subsections (7) and (8), a board of trustees of a large public transit district that is in place as of February 1, 2019, may remain in place.
(10)
The governor shall designate one member of the board of trustees as chair of the board of trustees.
(11)
(a)
If a vacancy occurs, the nomination and appointment procedures to replace the individual shall occur in the same manner described in Subsection (2), (3), or (4), and, if applicable, Subsection (5), for the respective member of the board of trustees creating the vacancy.
(b)
If a vacancy occurs on the board of trustees of a large public transit district, the respective nominating region shall nominate individuals to the governor as described in this section within 60 days after the vacancy occurs.
(c)
If the respective nominating region does not nominate to fill the vacancy within 60 days, the governor shall appoint an individual to fill the vacancy.
(d)
A replacement board member shall serve for the remainder of the unexpired term, but may serve an unlimited number of terms as provided in Subsection (7)(b).
