Utah Code 20A-1-511. Midterm vacancy on a local school board

20A-1-511. Midterm vacancy on a local school board.

(1)

Terms Used In Utah Code 20A-1-511

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
County legislative body: means :Utah Code 68-3-12.5
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Municipal legislative body: means :

(a)	the council of the city or town in any form of municipal government; or

(b)

the council of a metro township. See Utah Code 20A-1-102

Person: means :Utah Code 68-3-12.5

qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102

Vacancy: means :

(a)	except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or

(b)	in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
(a)	A local school board shall fill a vacancy on the local school board by appointment, except as otherwise provided in Subsections (1)(b) and (2).

(b)

The county legislative body, or municipal legislative body in a city district, shall fill a vacancy on a local school board by appointment if the local school board fails to make an appointment to fill the vacancy:

(i)	except as provided in Subsection (1)(b)(ii), within 30 days after a vacancy occurs on the local school board; or

(ii)	within 45 days after a vacancy occurs on the local school board due to the death of a local school board member.

(c)	A member appointed and qualified under this Subsection (1) shall serve until a successor is elected or appointed and qualified.

(2)

(a)

A vacancy on the board shall be filled by an interim appointment, followed by an election to fill a two-year term if:

(i)	the vacancy on the board occurs, or a letter of resignation is received by the board, at least 14 days before the deadline for filing a declaration of candidacy; and

(ii)	two years of the vacated term will remain after the first Monday of January following the next school board election.

(b)	A member elected under this Subsection (2) shall serve for the remaining two years of the vacated term and until a successor is elected and qualified.

(3)

Before appointing an individual to fill a vacancy under this section, the local school board shall:

(a)	give public notice of the vacancy at least two weeks before the local school board meets to fill the vacancy;

(b)

identify, in the public notice:

(i)	the date, time, and place of the meeting where the vacancy will be filled; and

(ii)	the person to whom and the date and time before which an individual interested in being appointed to fill the vacancy may submit the individual’s name for consideration; and

(c)	in an open meeting, interview each individual whose name is submitted for consideration and who meets the qualifications for office, regarding the individual’s qualifications.

(4)

(a)	Subject to Subsection (4)(b), a local school board may appoint an individual to fill a vacancy described in Subsection (1) or (2) before the vacancy occurs if a member of the local school board submits a letter of resignation.

(b)	An individual appointed under Subsection (4)(a) may not take office until on or after the day on which the vacancy occurs for which the individual is appointed.

(c)	A member of a local school board who submits a letter of resignation under Subsection (4)(a) may not rescind the resignation after the local school board makes an appointment to fill the vacancy created by the resignation.

Amended by Chapter 271, 2020 General Session

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