17B-1-311. Board member prohibited from district employment -- Exception.

236 words·~1 min read·/ut/title-17b/chapter-1/17b-1-311·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)No elected or appointed member of the board of trustees of a special district may, while serving on the board, be employed by the district, whether as an employee or under a contract.

(2)No person employed by a special district, whether as an employee or under a contract, may serve on the board of that special district.

(3)A special district is not in violation of a prohibition described in Subsection

(1)or

(2)if the special district:

(a)treats a member of a board of trustees as an employee for income tax purposes; and

(b)complies with the compensation limits of Section 17B-1-307 for purposes of that member.

(4)This section does not apply to a special district if:

(a)fewer than 3,000 people in the state live within 40 miles of the special district's boundaries or primary place of employment, measured over all weather public roads; and

(b)with respect to the employment of a board of trustees member under Subsection

(1):

(i)the job opening has had reasonable public notice; and

(ii)the person employed is the best qualified candidate for the position.

(5)This section does not apply to a transit commission of a large public transit district as described in Chapter 2a, Part 8, Public Transit District Act .

Amended by Chapter 486 , 2026 General Session