(1)
(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:
(i)
the appointing authority appoints one of the appointing authority's own members; and
(ii)
that member meets all applicable statutory board member qualifications.
(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 days, the legislative body of the county or municipality that created the special district shall fill the vacancy in accordance with the procedure for a special district described in Subsection (1)(b).
History
Amended by
Chapter
435
,
2023
General Session
,
§
129
, eff.
5/3/2023
.
Amended by
Chapter
15
,
2023
General Session
,
§
224
, eff.
2/27/2023
.
Amended by
Chapter
345
,
2021
General Session
,
§
95
, eff.
7/1/2021
.
Amended by
Chapter
84
,
2021
General Session
,
§
88
, eff.
5/5/2021
.
Amended by
Chapter
77
,
2021
General Session
,
§
1
, eff.
5/5/2021
.
Amended by
Chapter
40
,
2019
General Session
,
§
5
, eff.
5/14/2019
.
Amended by
Chapter
377
,
2014
General Session
,
§
26
, eff.
5/13/2014
.
Amended by
Chapter
448
,
2013
General Session
,
§
14
, eff.
5/14/2013
.
Amended by Chapter 40, 2011 General Session