Utah Code 17B-2a-807.1. Large public transit district board of trustees — Appointment — Quorum — Compensation — Terms
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(1)
Terms Used In Utah Code 17B-2a-807.1
- 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.
- Large public transit district: means a public transit district that provides public transit to an area that includes:(11)(a) more than 65% of the population of the state based on the most recent official census or census estimate of the United States Census Bureau; and(11)(b) two or more counties. See Utah Code 17B-2a-802
- Political subdivision: means a county, city, town, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802
- Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(1)(a) For a large public transit district, the board of trustees shall consist of three members appointed as described in Subsection (1)(b).(1)(b)(1)(b)(i) The governor, with advice and consent of the Senate, shall appoint the members of the board of trustees, making an appointment from nominations given from each region created in Subsection (1)(b)(ii).(1)(b)(ii)(1)(b)(ii)(A) Before creation of a large public transit district, the political subdivision or subdivisions forming the large public transit district shall submit to the Legislature for approval a proposal for the creation of three regions for nominating members to the board of trustees of the large public transit district.(1)(b)(ii)(B) For a large public transit district created after January 1, 2019, the Legislature, after receiving and considering the proposal described in Subsection (1)(b)(ii)(A), shall designate three regions for nominating members to the board of trustees of the large public transit district, and further describe the process for nomination for appointment to the board of trustees.(1)(c) Each nominee shall be a qualified executive with technical and administrative experience and training appropriate for the position.(1)(d) The board of trustees of a large public transit district shall be full-time employees of the public transit district.(1)(e) The compensation package for the board of trustees shall be determined by a local advisory council as described in Section17B-2a-808.2 .(1)(f)(1)(f)(i) Subject to Subsection (1)(f)(iii), for a board of trustees of a large public transit district, “quorum” means at least two members of the board of trustees.(1)(f)(ii) Action by a majority of a quorum constitutes an action of the board of trustees.(1)(f)(iii) A meeting of a quorum of the board of trustees of a large public transit district is subject to Section52-4-103 regarding convening of a three-member board of trustees and what constitutes a public meeting.
(2)
(2)(a) Subject to Subsections (3), (4), and (7), each member of the board of trustees of a large public transit district shall serve for a term of four years.
(2)(b) A member of the board of trustees may serve an unlimited number of terms.
(3) Each member of the board of trustees of a large public transit district shall serve at the pleasure of the governor.
(4) The first time the board of trustees is appointed under this section, the governor shall stagger the initial term of each of the members of the board of trustees as follows:
(4)(a) one member of the board of trustees shall serve an initial term of two years;
(4)(b) one member of the board of trustees shall serve an initial term of three years; and
(4)(c) one member of the board of trustees shall serve an initial term of four years.
(5) The governor shall designate one member of the board of trustees as chair of the board of trustees.
(6)
(6)(a) If a vacancy occurs, the nomination and appointment procedures to replace the individual shall occur in the same manner described in Subsection (1) for the member creating the vacancy.
(6)(b) A replacement board member shall serve for the remainder of the unexpired term, but may serve an unlimited number of terms as provided in Subsection (2)(b).
(6)(c) If the nominating officials under Subsection (1) do not nominate to fill the vacancy within 60 days, the governor shall, with the advice and consent of the Senate, appoint an individual to fill the vacancy.
(7) Each board of trustees member shall serve until a successor is duly nominated, appointed, and qualified, unless the board of trustees member is removed from office or resigns or otherwise leaves office.