17B-2a-811.1. Executive director of a large public transit district.
(1)
Terms Used In Utah Code 17B-2a-811.1
Executive director: means a person appointed by the board of trustees of a large public transit district to serve as executive director. See Utah Code 17B-2a-802
facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
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
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. 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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102
The board of trustees of a large public transit district shall appoint a person as an executive director.
(b)
The appointment of an executive director shall be by the affirmative vote of a majority of the board of trustees.
(c)
The board’s appointment of a person as executive director shall be based on the person’s qualifications, with special reference to the person’s actual experience in or knowledge of accepted practices with respect to the duties of the office.
(d)
A person appointed as executive director of a large public transit district is not required to be a resident of the state at the time of appointment.
(2)
An executive director of a large public transit district shall:
(a)
be a full-time officer and devote full time to the district’s business;
(b)
serve at the pleasure of the board of trustees;
(c)
hold office for an indefinite term;
(d)
ensure that all district ordinances are enforced;
(e)
prepare and submit to the board of trustees, as soon as practical but not less than 45 days after the end of each fiscal year, a complete report on the district’s finances and administrative activities for the preceding year;
(f)
advise the board of trustees regarding the needs of the district;
(g)
in consultation with the board of trustees, prepare or cause to be prepared all plans and specifications for the construction of district works;
(h)
cause to be installed and maintained a system of auditing and accounting that completely shows the district’s financial condition at all times;
(i)
attend meetings of the board of trustees;
(j)
in consultation with the board of trustees, have charge of:
(i)
the acquisition, construction, maintenance, and operation of district facilities; and
(ii)
the administration of the district’s business affairs; and
(k)
be entitled to participate in the deliberations of the board of trustees as to any matter before the board.
(3)
The board of trustees may not remove the executive director or reduce the executive director’s salary below the amount fixed at the time of original appointment unless:
(a)
the board adopts a resolution by a vote of a majority of all members; and
(b)
if the executive director demands in writing, the board gives the executive director the opportunity to be publicly heard at a meeting of the board before the final vote on the resolution removing the executive director or reducing the executive director’s salary.
(4)
(a)
Before adopting a resolution providing for the removal of the executive director or a reduction in the executive director’s salary as provided in Subsection (3), the board shall, if the executive director makes a written demand:
(i)
give the executive director a written statement of the reasons alleged for the removal or reduction in salary; and
(ii)
allow the executive director to be publicly heard at a meeting of the board of trustees.
(b)
Notwithstanding Subsection (4)(a), the board of trustees of a public transit district may suspend an executive director from office pending and during a hearing under Subsection (4)(a)(ii).
(5)
The action of a board of trustees suspending or removing an executive director or reducing the executive director’s salary is final.
