20A-1-512. Midterm vacancies on special district boards -- Notice.

554 words·~3 min read·/ut/title-20a/chapter-1/20a-1-512

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Effective 5/7/2025

(a)When a vacancy occurs on any special district board for any reason, the following shall appoint a replacement to serve out the unexpired term in accordance with this section:

(i)the special district board, if the person vacating the position was elected; or

(ii)the appointing authority, as that term is defined in Section 17B-1-102 , if the appointing authority appointed the person vacating the position.

(b)Except as provided in Subsection (1)(c) or

(d), before acting to fill the vacancy, the special district board or appointing authority shall:

(i)give public notice of the vacancy for at least two weeks before the special district board or appointing authority meets to fill the vacancy by publishing the notice, as a class A notice under Section 63G-30-102 , for the special district; and

(ii)identify, in the notice:

(A)the date, time, and place of the meeting where the vacancy will be filled;

(B)the individual to whom an individual who is interested in an appointment to fill the vacancy may submit the individual's name for consideration; and

(C)any submission deadline.

(c)An appointing authority is not subject to Subsection (1)(b) if:

(A)the appointing authority appoints one of the appointing authority's own members; and

(B)that member meets all applicable statutory board member qualifications; or

(ii)the vacancy is on the board of trustees of an infrastructure financing district with no residents within the district's boundary.

(d)When a vacancy occurs on the board of a water conservancy district located in more than one county:

(i)the board shall give notice of the vacancy to the county legislative bodies that nominated the vacating trustee as provided in Section 17B-2a-1005 ;

(ii)the county legislative bodies described in Subsection (1)(d)(i) shall collectively compile a list of three nominees to fill the vacancy; and

(iii)the governor shall, with the advice and consent of the Senate, appoint an individual to fill the vacancy from nominees submitted as provided in Subsection 17B-2a-1005 (2)(c).

(2)If the special district board fails to appoint an individual to complete an elected board member's term within 90 calendar days after the day on which the vacancy occurs, the vacancy shall be filled:

(a)in accordance with the procedure for a special district described in Subsection (1)(b) ; and

(b)by, as applicable:

(i)the legislative body of the county or municipality that created the special district; or

(ii)for a vacancy on a board of trustees of an infrastructure financing district, the legislative body of the county whose unincorporated area contains or the municipality whose boundary contains more of the area within the infrastructure financing district than is contained within the unincorporated area of any other county or within the boundary of any other municipality.

(3)If the body identified in Subsection (2)(b) has failed to appoint an individual to complete an elected board member's term within 90 calendar days after becoming the appointing authority under Subsection (2)(b) and a board quorum, as defined in Subsection 17B-1-310(1) , exists, the vacancy shall be filled by the special district board in accordance with the procedure described in Subsection (1)(b) .

Amended by Chapter 161 , 2025 General Session

Amended by Chapter 448 , 2025 General Session