17B-1-304 - Appointment procedures for appointed members.
17B-1-304. Appointment procedures for appointed members.
(1) The appointing authority may, by resolution, appoint persons to serve as members ofa local district board by following the procedures established by this section.
(2) (a) In any calendar year when appointment of a new local district board member isrequired, the appointing authority shall prepare a notice of vacancy that contains:
(i) the positions that are vacant that must be filled by appointment;
(ii) the qualifications required to be appointed to those positions;
(iii) the procedures for appointment that the governing body will follow in making thoseappointments; and
(iv) the person to be contacted and any deadlines that a person must meet who wishes tobe considered for appointment to those positions.
(b) The appointing authority shall:
(i) post the notice of vacancy in four public places within the local district at least onemonth before the deadline for accepting nominees for appointment; and
(ii) (A) publish the notice of vacancy:
(I) in a daily newspaper of general circulation within the local district for fiveconsecutive days before the deadline for accepting nominees for appointment; or
(II) in a local weekly newspaper circulated within the local district in the week before thedeadline for accepting nominees for appointment; and
(B) in accordance with Section 45-1-101 for five days before the deadline for acceptingnominees for appointment.
(c) The appointing authority may bill the local district for the cost of preparing, printing,and publishing the notice.
(3) (a) Not sooner than two months after the appointing authority is notified of thevacancy, the appointing authority shall select a person to fill the vacancy from the applicants whomeet the qualifications established by law.
(b) The appointing authority shall:
(i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making theappointment;
(ii) allow any interested persons to be heard; and
(iii) adopt a resolution appointing a person to the local district board.
(c) If no candidate for appointment to fill the vacancy receives a majority vote of theappointing authority, the appointing authority shall select the appointee from the two topcandidates by lot.
(4) Persons appointed to serve as members of the local district board serve four-yearterms, but may be removed for cause at any time after a hearing by 2/3 vote of the appointingbody.
(5) At the end of each board member's term, the position is considered vacant and theappointing authority may either reappoint the old board member or appoint a new member afterfollowing the appointment procedures established in this section.
(6) Notwithstanding any other provision of this section, if the appointing authorityappoints one of its own members, it need not comply with the provisions of this section.
Amended by Chapter 388, 2009 General Session