State Codes and Statutes
Statutes > Utah > Title-17b > Chapter-01 > 17b-1-30317B-1-303. Term of board of trustees members -- Oath of office -- Bond.
(1) (a) Except as provided in Subsection (1)(b), the term of each member of a board oftrustees shall begin at noon on the January 1 following the member's election or appointment.
(b) The term of each member of the initial board of trustees of a newly created localdistrict shall begin:
(i) upon appointment, for an appointed member; and
(ii) upon the member taking the oath of office after the canvass of the election at whichthe member is elected, for an elected member.
(2) (a) (i) Subject to Subsection (2)(a)(ii), the term of each member of a board of trusteesshall be four years, except that approximately half the members of the initial board of trustees,chosen by lot, shall serve a two-year term so that the term of approximately half the boardmembers expires every two years.
(ii) (A) If the terms of members of the initial board of trustees of a newly created localdistrict do not begin on the first Monday of January because of application of Subsection (1)(b),the terms of those members shall be adjusted as necessary, subject to Subsection (2)(a)(ii)(B), toresult in the terms of their successors complying with:
(I) the requirement under Subsection (1)(a) for a term to begin on the first Monday ofJanuary; and
(II) the requirement under Subsection (2)(a)(i) that terms be four years.
(B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to orsubtract more than a year from a member's term.
(b) Each board of trustees member shall serve until a successor is duly elected orappointed and qualified, unless the member earlier is removed from office or resigns or otherwiseleaves office.
(c) If a member of a board of trustees no longer meets the qualifications of Subsection17B-1-302(1):
(i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
(ii) the member may continue to serve until a successor is duly elected or appointed andqualified.
(3) (a) (i) Before entering upon the duties of office, each member of a board of trusteesshall take the oath of office specified in Utah Constitution Article IV, Section 10.
(ii) An oath of office may be administered by a judge, county clerk, notary public, or thelocal district clerk.
(b) Each oath of office shall be filed with the clerk of the local district.
(c) The failure of a board of trustees member to take the oath required by Subsection(3)(a) does not invalidate any official act of that member.
(4) A board of trustees member is not limited in the number of terms the member mayserve.
(5) Except as provided in Subsection (6), each midterm vacancy in a board of trusteesposition shall be filled as provided in Section 20A-1-512.
(6) (a) For purposes of this Subsection (6):
(i) "Appointed official" means a person who:
(A) is appointed as a member of a local district board of trustees by a county ormunicipality entitled to appoint a member to the board; and
(B) holds an elected position with the appointing county or municipality.
(ii) "Appointing entity" means the county or municipality that appointed the appointedofficial to the board of trustees.
(b) The board of trustees shall declare a midterm vacancy for the board position held byan appointed official if:
(i) during the appointed official's term on the board of trustees, the appointed officialceases to hold the elected position with the appointing entity; and
(ii) the appointing entity submits a written request to the board to declare the vacancy.
(c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), theappointing entity shall appoint another person to fill the remaining unexpired term on the boardof trustees.
(7) (a) Each member of a board of trustees shall give a bond for the faithful performanceof the member's duties, in the amount and with the sureties prescribed by the board of trustees.
(b) The local district shall pay the cost of each bond required under Subsection (7)(a).
Amended by Chapter 360, 2008 General Session
