State Codes and Statutes
Statutes > Utah > Title-53c > Chapter-01 > 53c-1-30353C-1-303. Responsibilities of director -- Budget review -- Legal counsel --Contract for services.
(1) In carrying out the policies of the board of trustees and in establishing procedures andrules the director shall:
(a) take an oath of office before assuming any duties as the director;
(b) adopt procedures and rules necessary for the proper administration of mattersentrusted to the director by state law and board policy;
(c) submit to the board for its review and concurrence on any rules necessary for theproper management of matters entrusted to the administration;
(d) faithfully manage the administration under the policies established by the board;
(e) submit to the board and for public inspection by October 1 of each year, an annualmanagement budget and financial plan for operations of the administration and, after approval bythe board, submit the budget to the governor;
(f) direct and control the budget expenditures as finally authorized and appropriated;
(g) establish job descriptions and employ, within the limitation of the budget, staffnecessary to accomplish the purposes of the office subject to Section 53C-1-201;
(h) establish, in accordance with generally accepted principles of fund accounting, asystem to identify and account for the assets and vested interests of each beneficiary;
(i) maintain appropriate records of trust activities to enable auditors appointed byappropriate state agencies or the board to conduct periodic audits of trust activities;
(j) provide that all leases, contracts, and agreements be submitted to legal counsel forreview of compliance with applicable law and fiduciary duties prior to execution and utilize theservices of the attorney general as provided in Section 53C-1-305;
(k) keep the board, beneficiaries, governor, Legislature, and the public informed aboutthe work of the director and administration by reporting to the board in a public meeting at leastonce during each calendar quarter; and
(l) respond in writing within a reasonable time to a request by the board for responses toquestions on policies and practices affecting the management of the trust.
(2) Procedures and rules adopted by the Division of State Lands and Forestry as theyrelate to trust lands prior to the effective date of this act remain in effect until amended orrepealed by the director.
(3) The administration shall be the named party in substitution of the Division of StateLands and Forestry or its predecessor agencies, with respect to all documents affecting trust landsfrom the effective date of this act.
(4) The director may:
(a) with the consent of the state risk manager and the board, manage lands or interests inlands held by any other public or private party pursuant to policies established by the board andmay make rules to implement these board policies;
(b) sue or be sued as the director of school and institutional trust lands;
(c) contract with other public agencies for personnel management services;
(d) contract with any public or private entity to make improvements to or upon trustlands and to carry out any of the responsibilities of the office, so long as the contract requiresstrict adherence to trust management principles, applicable law and regulation, and is subject toimmediate suspension or termination for cause; and
(e) with the approval of the board enter into joint ventures and other business
arrangements consistent with the purposes of the trust.
(5) Any application or bid required for the lease, permitting, or sale of lands in acompetitive process or any request for review pursuant to Section 53C-1-304 shall be consideredfiled or made on the date received by the appropriate administrative office, whether transmittedby United States mail or in any other manner.
Amended by Chapter 63, 2004 General Session
