Utah Code 17B-1-303. Term of board of trustees members — Oath of office — Bond — Notice of board member contact information

(1)

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Terms Used In Utah Code 17B-1-303

Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
Bond: means :
     (3)(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
     (3)(b) a lease agreement, installment purchase agreement, or other agreement that:
          (3)(b)(i) includes an obligation by the district to pay money; and
          (3)(b)(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
Municipality: means a city or town. See Utah Code 17B-1-102
Oath: A promise to tell the truth.
Oath: includes "affirmation. See Utah Code 68-3-12.5
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
     (31)(a) this chapter; or
     (31)(b)
          (31)(b)(i) this chapter; and
          (31)(b)(ii)
               (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
               (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;
               (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;
               (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;
               (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;
               (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;
               (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;
               (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;
               (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;
               (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;
               (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or
               (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102

(1)(a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each member of a board of trustees begins at noon on the January 1 following the member’s election or appointment.

(1)(b) The term of each member of the initial board of trustees of a newly created special district begins:

(1)(b)(i) upon appointment, for an appointed member; and

(1)(b)(ii) upon the member taking the oath of office after the canvass of the election at which the member is elected, for an elected member.

(1)(c) The term of each water conservancy district board member whom the governor appoints in accordance with Subsection 17B-2a-1005(2)(c):

(1)(c)(i) begins on the later of the following:

(1)(c)(i)(A) the date on which the Senate consents to the appointment; or

(1)(c)(i)(B) the expiration date of the prior term; and

(1)(c)(ii) ends on the February 1 that is approximately four years after the date described in Subsection (1)(c)(i)(A) or (B).

(1)(d) The term of a member of a board of trustees whom an appointing authority appoints in accordance with Subsection (5)(b) begins upon the member taking the oath of office.

(1)(e) If the member of the board of trustees fails to assume or qualify for office on January 1 for any reason, the term begins on the date the member assumes or qualifies for office.

(2)

(2)(a)

(2)(a)(i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii) and (iii), the term of each member of a board of trustees is four years, except that:

(2)(a)(i)(A) approximately half the members of the initial board of trustees of an infrastructure financing district, as designated in the governing document, shall serve a six-year term so that the term of approximately half the board members expires every two years; and

(2)(a)(i)(B) for any other special district, approximately half the members of the initial board of trustees, chosen by lot, shall serve a two-year term so that the term of approximately half the board members expires every two years.

(2)(a)(ii) If the terms of members of the initial board of trustees of a newly created special district do not begin on January 1 because of application of Subsection (1)(b), the terms of those members shall be adjusted as necessary, subject to Subsection (2)(a)(iii), to result in the terms of their successors complying with:

(2)(a)(ii)(A) the requirement under Subsection (1)(a) for a term to begin on January 1 following a member’s election or appointment; and

(2)(a)(ii)(B) the requirement under Subsection (2)(a)(i) that terms be four years.

(2)(a)(iii) If the term of a member of a board of trustees does not begin on January 1 because of the application of Subsection (1)(e), the term is shortened as necessary to result in the term complying with the requirement under Subsection (1)(a) that the successor member’s term, regardless of whether the incumbent is the successor, begins at noon on January 1 following the successor member’s election or appointment.

(2)(a)(iv) An adjustment under Subsection (2)(a)(ii) may not add more than a year to or subtract more than a year from a member’s term.

(2)(b) Each board of trustees member shall serve until a successor is duly elected or appointed and qualified, unless the member earlier is removed from office or resigns or otherwise leaves office.

(2)(c) If a member of a board of trustees no longer meets the qualifications of Subsection 17B-1-302(1), (2), (3), (4), (5), (6), or (7), or if the member’s term expires without a duly elected or appointed successor:

(2)(c)(i) the member’s position is considered vacant, subject to Subsection (2)(c)(ii); and

(2)(c)(ii) the member may continue to serve until a successor is duly elected or appointed and qualified.

(3)

(3)(a)

(3)(a)(i) Before entering upon the duties of office, each member of a board of trustees shall take the oath of office specified in Utah Constitution, Article IV,

Section 10.

(3)(a)(ii) A judge, county clerk, notary public, or the special district clerk may administer an oath of office.

(3)(b) The member of the board of trustees taking the oath of office shall file the oath of office with the clerk of the special district.

(3)(c) The failure of a board of trustees member to take the oath under Subsection (3)(a) does not invalidate any official act of that member.

(4) A board of trustees member may serve any number of terms.

(5)

(5)(a) Except as provided in Subsection (6), each midterm vacancy in a board of trustees position is filled in accordance with Section 20A-1-512.

(5)(b) When the number of members of a board of trustees increases in accordance with Subsection 17B-1-302(10), the appointing authority may appoint an individual to fill a new board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.

(6)

(6)(a) As used in this Subsection (6):

(6)(a)(i) “Appointed official” means a person who:

(6)(a)(i)(A) is appointed as a member of a special district board of trustees by a county or municipality that is entitled to appoint a member to the board; and

(6)(a)(i)(B) holds an elected position with the appointing county or municipality.

(6)(a)(ii) “Appointing entity” means the county or municipality that appointed the appointed official to the board of trustees.

(6)(b) The board of trustees shall declare a midterm vacancy for the board position held by an appointed official if:

(6)(b)(i) during the appointed official’s term on the board of trustees, the appointed official ceases to hold the elected position with the appointing entity; and

(6)(b)(ii) the appointing entity submits a written request to the board to declare the vacancy.

(6)(c) Upon the board’s declaring a midterm vacancy under Subsection (6)(b), the appointing entity shall appoint another person to fill the remaining unexpired term on the board of trustees.

(7)

(7)(a) A member of a board of trustees shall obtain a fidelity bond or obtain theft or crime insurance for the faithful performance of the member’s duties, in the amount and with the sureties or with an insurance company that the board of trustees prescribes.

(7)(b) The special district:

(7)(b)(i) may assist the board of trustees in obtaining a fidelity bond or obtaining theft or crime insurance as a group or for members individually; and

(7)(b)(ii) shall pay the cost of each fidelity bond or insurance coverage required under this Subsection (7).

(8)

(8)(a) In order to compensate for a change in the election year under Subsection 17B-1-306(14), the lieutenant governor may:

(8)(a)(i) extend the term of an elected district board member by one year; or

(8)(a)(ii) subject to Subsection 17B-1-306(14)(b)(iii), and in accordance with Subsection (2)(a), shorten the term of an elected district board member by one year, if necessary, to ensure that the term of approximately half of the board members expires every two years.

(8)(b) When the number of members of a board of trustees increases in accordance with Subsection 17B-1-302(10), to ensure that the term of approximately half of the board members expires every two years in accordance with Subsection (2)(a):

(8)(b)(i) the board shall set shorter terms for approximately half of the new board members, chosen by lot; and

(8)(b)(ii) the initial term of a new board member position may be less than two or four years.

(9)

(9)(a) A special district shall:

(9)(a)(i) post on the Utah Public Notice Website created in Section 63A-16-601 the name, phone number, and email address of each member of the special district’s board of trustees;

(9)(a)(ii) update the information described in Subsection (9)(a)(i) when:

(9)(a)(ii)(A) the membership of the board of trustees changes; or

(9)(a)(ii)(B) a member of the board of trustees’ phone number or email address changes; and

(9)(a)(iii) post any update required under Subsection (9)(a)(ii) within 30 days after the date on which the change requiring the update occurs.

(9)(b) This Subsection (9) applies regardless of whether the county or municipal legislative body also serves as the board of trustees of the special district.

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