Utah Code 53C-1-303. Responsibilities of director — Budget review — Legal counsel — Contract for services
Current as of: 2024 | Check for updates
|
Other versions
(1) In carrying out the policies of the board of trustees and in establishing procedures and rules the director shall:
Terms Used In Utah Code 53C-1-303
- Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- board of trustees: means the School and Institutional Trust Lands Board of Trustees. See Utah Code 53C-1-103
- Contract: A legal written agreement that becomes binding when signed.
- director of school and institutional trust lands: means the chief executive officer of the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
- Fiduciary: A trustee, executor, or administrator.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Policies: means statements applying to the administration that broadly prescribe a future course of action and guiding principles. See Utah Code 53C-1-103
- Primary beneficiary representative: means the the Land Trusts Protection and Advocacy Office, created in Section 53D-2-201, acting as representative on behalf of the following trusts:(7)(a) the trust established for common schools;(7)(b) the trust established for schools for the blind; and(7)(c) the trust established for schools for the deaf. See Utah Code 53C-1-103
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
(8)(a) the state's public education system; or(8)(b) the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) take an oath of office before assuming any duties as the director;(1)(b) adopt procedures and rules necessary for the proper administration of matters entrusted to the director by state law and board policy;(1)(c) submit to the board for its review and concurrence on any rules necessary for the proper management of matters entrusted to the administration;(1)(d) faithfully manage the administration under the policies established by the board;(1)(e) submit to the board for public inspection an annual management budget and financial plan for operations of the administration and, after approval by the board, submit the budget to the governor;(1)(f) direct and control the budget expenditures as finally authorized and appropriated;(1)(g) establish job descriptions and employ, within the limitation of the budget, staff necessary to accomplish the purposes of the office subject to Section53C-1-201 ;(1)(h) establish, in accordance with generally accepted principles of fund accounting, a system to identify and account for the assets and vested interests of each beneficiary;(1)(i) notify the primary beneficiary representative‘s designee regarding the trusts listed in Subsection53C-1-103(7) on major items that the director knows may be useful to the primary beneficiary representative’s designee in protecting beneficiary rights;(1)(j) permit the primary beneficiary representative’s designee regarding a trust listed in Subsection53C-1-103(7) reasonable access to inspect records, documents, and other trust property pertaining to that trust, provided that the primary beneficiary representative’s designee shall maintain confidentiality if confidentiality is required of the director;(1)(k) maintain appropriate records of trust activities to enable auditors appointed by appropriate state agencies or the board to conduct periodic audits of trust activities;(1)(l) provide that all leases, contracts, and agreements be submitted to legal counsel for review of compliance with applicable law and fiduciary duties prior to execution and utilize the services of the attorney general as provided in Section53C-1-305 ;(1)(m) keep the board, beneficiaries, governor, Legislature, and the public informed about the work of the director and administration by reporting to the board in a public meeting at least once during each calendar quarter; and(1)(n) respond in writing within a reasonable time to a request by the board or the primary beneficiary representative’s designee regarding a trust listed in Subsection53C-1-103(7) for responses to questions on policies and practices affecting the management of the trust.(2) The administration shall be the named party in substitution of the Division of State Lands and Forestry or its predecessor agencies, with respect to all documents affecting trust lands from the effective date of this act.(3) The director may:(3)(a) with the consent of the state risk manager and the board, manage lands or interests in lands held by any other public or private party pursuant to policies established by the board and may make rules to implement these board policies;(3)(b) sue or be sued as the director of school and institutional trust lands;(3)(c) contract with other public agencies for personnel management services;(3)(d) contract with any public or private entity to make improvements to or upon trust lands and to carry out any of the responsibilities of the office, so long as the contract requires strict adherence to trust management principles, applicable law and regulation, and is subject to immediate suspension or termination for cause; and(3)(e) with the approval of the board enter into joint ventures and other business arrangements consistent with the purposes of the trust.(4) Any application or bid required for the lease, permitting, or sale of lands in a competitive process or any request for review pursuant to Section53C-1-304 shall be considered filed or made on the date received by the appropriate administrative office, whether transmitted by United States mail or in any other manner.