26B-1-426.  Board of Aging and Adult Services — Members, appointment, terms, vacancies, chairperson, compensation, meetings, quorum.

(1)  The Board of Aging and Adult Services created in Section 26B-1-204 shall have seven members who are appointed by the governor with the advice and consent of the Senate in accordance with 2.

Terms Used In Utah Code 26B-1-426

  • 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.
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Quorum: The number of legislators that must be present to do business.
(2) 

(a)  Except as required by Subsection (2)(b), each member shall be appointed for a term of four years, and is eligible for one reappointment.

(b)  Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.

(c)  Board members shall continue in office until the expiration of their terms and until their successors are appointed, which may not exceed 90 days after the formal expiration of a term.

(d)  When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(3) 

(a)  No more than four members of the board may be from the same political party.

(b)  The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen on the basis of their active interest, experience, and demonstrated ability to deal with issues related to the Board of Aging and Adult Services .

(4) 

(a)  The board shall annually elect a chairperson from the board’s membership.

(b)  The board shall hold meetings at least once every three months.

(c)  Within budgetary constraints, meetings may be held from time to time on the call of the chairperson or of the majority of the members of the board.

(d)  Four members of the board are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the board.

(5)  A member may not receive compensation or benefits for the member’s service, but, at the executive director‘s discretion, may receive per diem and travel expenses in accordance with:

(a)  Section 63A-3-106;

(b)  Section 63A-3-107; and

(c)  rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(6) 

(a)  The board shall adopt bylaws governing its activities.

(b)  The bylaws described in Subsection (6)(a) shall include procedures for removal of a board member who is unable or unwilling to fulfill the requirements of the board member’s appointment.

(7)  The board has program policymaking authority for the division over which the board presides.

(8)  A member of the board shall comply with the conflict of interest provisions described in 3.

Renumbered and Amended by Chapter 305, 2023 General Session