Utah Code 20A-1-511. Midterm vacancy on a local school board
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Terms Used In Utah Code 20A-1-511
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - County legislative body: means :(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section
17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Municipal legislative body: means the council of the city or town in any form of municipal government. See Utah Code 20A-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
- Vacancy: means :
(75)(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or(75)(b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102(1)(a) A local school board shall fill a vacancy on the local school board by appointment, except as otherwise provided in Subsections (1)(b) and (2).(1)(b) The county legislative body, or municipal legislative body in a city district, shall fill a vacancy on a local school board by appointment if the local school board fails to make an appointment to fill the vacancy:(1)(b)(i) except as provided in Subsection (1)(b)(ii), within 30 days after a vacancy occurs on the local school board; or(1)(b)(ii) within 45 days after a vacancy occurs on the local school board due to the death of a local school board member.(1)(c) A member appointed and qualified under this Subsection (1) shall serve until a successor is elected or appointed and qualified.(2)(2)(a) A vacancy on the board shall be filled by an interim appointment, followed by an election to fill a two-year term if:(2)(a)(i) the vacancy on the board occurs, or a letter of resignation is received by the board, at least 14 days before the deadline for filing a declaration of candidacy; and(2)(a)(ii) two years of the vacated term will remain after the first Monday of January following the next school board election.(2)(b) A member elected under this Subsection (2) shall serve for the remaining two years of the vacated term and until a successor is elected and qualified.(3) Before appointing an individual to fill a vacancy under this section, the local school board shall:(3)(a) give public notice of the vacancy at least two weeks before the local school board meets to fill the vacancy;(3)(b) identify, in the public notice:(3)(b)(i) the date, time, and place of the meeting where the vacancy will be filled; and(3)(b)(ii) the person to whom and the date and time before which an individual interested in being appointed to fill the vacancy may submit the individual’s name for consideration; and(3)(c) in an open meeting, interview each individual whose name is submitted for consideration and who meets the qualifications for office, regarding the individual’s qualifications.(4)(4)(a) Subject to Subsection (4)(b), a local school board may appoint an individual to fill a vacancy described in Subsection (1) or (2) before the vacancy occurs if a member of the local school board submits a letter of resignation.(4)(b) An individual appointed under Subsection (4)(a) may not take office until on or after the day on which the vacancy occurs for which the individual is appointed.(4)(c) A member of a local school board who submits a letter of resignation under Subsection (4)(a) may not rescind the resignation after the local school board makes an appointment to fill the vacancy created by the resignation.