53B-2a-108.  Technical college boards of trustees — Membership — Appointments.

(1)  As used in this section:

Terms Used In Utah Code 53B-2a-108

  • 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.
  • Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
  • Institution board of trustees: means :Utah Code 53B-1-101.5
  • Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
(a)  “Higher education institution” means the same as that term is defined in Section 53B-2a-112.

(b)  “Technical college service area” means the geographic area served by each technical college as described in Section 53B-2a-105.

(2)  A technical college board of trustees consists of:

(a)  one member of the local school board for each school district in the technical college service area, appointed by the local school board to which the member belongs;

(b)  except as provided in Subsection (3)(b), one individual who is a member of the higher education institution board of trustees, appointed by the higher education institution board of trustees; and

(c)  a number of individuals, appointed by the governor with the advice and consent of the Senate and in accordance with 2, that is:

(i)  seven for:

(A)  Tooele Technical College;

(B)  Uintah Basin Technical College; and

(C)  Dixie Technical College;

(ii)  eight for:

(A)  Bridgerland Technical College;

(B)  Ogden-Weber Technical College;

(C)  Davis Technical College; and

(D)  Southwest Technical College; or

(iii)  nine for Mountainland Technical College.

(3) 

(a)  In appointing the members described in Subsection (2)(c), the governor shall appoint individuals who represent the interests of business, industry, or labor in the technical college service area.

(b)  If no member of the institution of higher education board of trustees lives within the technical college service area, the institution of higher education board of trustees may nominate an individual to be appointed by the governor with the advice and consent of the Senate instead of appointing a member described in Subsection (2)(b).

(4) 

(a)  The governor may remove a member appointed under Subsection (2)(c) or (3)(b) for cause.

(b)  The governor shall consult with the president of the Senate before removing a member appointed under Subsection (2)(c) or (3)(b).

(5)  A member described in Subsection (2)(c) shall comply with the conflict of interest provisions described in 3.

Amended by Chapter 352, 2020 General Session
Amended by Chapter 365, 2020 General Session
Amended by Chapter 373, 2020 General Session