20A-1-512. Midterm vacancies on local district boards — Notice.
(1)
Terms Used In Utah Code 20A-1-512
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.
Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
Trustee: A person or institution holding and administering property in trust.
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)
When a vacancy occurs on any special district board for any reason, the following shall appoint a replacement to serve out the unexpired term in accordance with this section:
(i)
the special district board, if the person vacating the position was elected; or
(ii)
the appointing authority, as that term is defined in Section 17B-1-102, if the appointing authority appointed the person vacating the position.
(b)
Except as provided in Subsection (1)(c) or (d), before acting to fill the vacancy, the special district board or appointing authority shall:
(i)
give public notice of the vacancy for at least two weeks before the special district board or appointing authority meets to fill the vacancy by publishing the notice, as a class A notice under Section 63G-30-102, for the special district; and
(ii)
identify, in the notice:
(A)
the date, time, and place of the meeting where the vacancy will be filled;
(B)
the individual to whom an individual who is interested in an appointment to fill the vacancy may submit the individual’s name for consideration; and
(C)
any submission deadline.
(c)
An appointing authority is not subject to Subsection (1)(b) if:
(i)
the appointing authority appoints one of the appointing authority’s own members; and
(ii)
that member meets all applicable statutory board member qualifications.
(d)
When a vacancy occurs on the board of a water conservancy district located in more than one county:
(i)
the board shall give notice of the vacancy to the county legislative bodies that nominated the vacating trustee as provided in Section 17B-2a-1005;
(ii)
the county legislative bodies described in Subsection (1)(d)(i) shall collectively compile a list of three nominees to fill the vacancy; and
(iii)
the governor shall, with the advice and consent of the Senate, appoint an individual to fill the vacancy from nominees submitted as provided in Subsection 17B-2a-1005(2)(c).
(2)
If the special district board fails to appoint an individual to complete an elected board member’s term within 90 days, the legislative body of the county or municipality that created the special district shall fill the vacancy in accordance with the procedure for a special district described in Subsection (1)(b).
Amended by Chapter 15, 2023 General Session Amended by Chapter 435, 2023 General Session
