17B-2a-807 - Public transit district board of trustees -- Appointment -- Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
17B-2a-807. Public transit district board of trustees -- Appointment --Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
(1) (a) If 200,000 people or fewer reside within the boundaries of a public transit district,the board of trustees shall consist of members appointed by the legislative bodies of eachmunicipality, county, or unincorporated area within any county on the basis of one member foreach full unit of regularly scheduled passenger routes proposed to be served by the district ineach municipality or unincorporated area within any county in the following calendar year.
(b) For purposes of determining membership under Subsection (1)(a), the number ofservice miles comprising a unit shall be determined jointly by the legislative bodies of themunicipalities or counties comprising the district.
(c) The board of trustees of a public transit district under this Subsection (1) may includea member that is a commissioner on the Transportation Commission created in Section 72-1-301and appointed as provided in Subsection (11), who shall serve as a nonvoting, ex officio member.
(d) Members appointed under this Subsection (1) shall be appointed and added to theboard or omitted from the board at the time scheduled routes are changed, or as municipalities,counties, or unincorporated areas of counties annex to or withdraw from the district using thesame appointment procedures.
(e) For purposes of appointing members under this Subsection (1), municipalities,counties, and unincorporated areas of counties in which regularly scheduled passenger routesproposed to be served by the district in the following calendar year is less than a full unit, asdefined in Subsection (1)(b), may combine with any other similarly situated municipality orunincorporated area to form a whole unit and may appoint one member for each whole unitformed.
(2) (a) Subject to Section 17B-2a-807.5, if more than 200,000 people reside within theboundaries of a public transit district, the board of trustees shall consist of:
(i) 11 members:
(A) appointed as described under this Subsection (2); or
(B) retained in accordance with Section 17B-2a-807.5;
(ii) three members appointed as described in Subsection (4); and
(iii) one voting member appointed as provided in Subsection (11).
(b) Except as provided in Subsections (2)(c) and (d), the board shall apportion votingmembers to each county within the district using an average of:
(i) the proportion of population included in the district and residing within each county,rounded to the nearest 1/11 of the total transit district population; and
(ii) the cumulative proportion of transit sales and use tax collected from areas included inthe district and within each county, rounded to the nearest 1/11 of the total cumulative transitsales and use tax collected for the transit district.
(c) The board shall join an entire or partial county not apportioned a voting memberunder this Subsection (2) with an adjacent county for representation. The combinedapportionment basis included in the district of both counties shall be used for the apportionment.
(d) (i) If rounding to the nearest 1/11 of the total public transit district apportionmentbasis under Subsection (2)(b) results in an apportionment of more than 11 members, the countyor combination of counties with the smallest additional fraction of a whole member proportionshall have one less member apportioned to it.
(ii) If rounding to the nearest 1/11 of the total public transit district apportionment basis
under Subsection (2)(b) results in an apportionment of less than 11 members, the county orcombination of counties with the largest additional fraction of a whole member proportion shallhave one more member apportioned to it.
(e) If the population in the unincorporated area of a county is at least 140,000, the countyexecutive, with the advice and consent of the county legislative body, shall appoint one votingmember to represent the population within a county's unincorporated area.
(f) If a municipality's population is at least 160,000, the chief municipal executive, withthe advice and consent of the municipal legislative body, shall appoint one voting member torepresent the population within a municipality.
(g) (i) The number of voting members appointed from a county and municipalities withina county under Subsections (2)(e) and (f) shall be subtracted from the county's total votingmember apportionment under this Subsection (2).
(ii) Notwithstanding Subsections (2)(l) and (10), no more than one voting memberappointed by an appointing entity may be a locally elected public official.
(h) If the entire county is within the district, the remaining voting members for the countyshall represent the county or combination of counties, if Subsection (2)(c) applies, or themunicipalities within the county.
(i) If the entire county is not within the district, and the county is not joined with anothercounty under Subsection (2)(c), the remaining voting members for the county shall represent amunicipality or combination of municipalities.
(j) (i) Except as provided under Subsections (2)(e) and (f), voting members representingcounties, combinations of counties if Subsection (2)(c) applies, or municipalities within thecounty shall be designated and appointed by a simple majority of the chief executives of themunicipalities within the county or combinations of counties if Subsection (2)(c) applies.
(ii) The appointments shall be made by joint written agreement of the appointingmunicipalities, with the consent and approval of the county legislative body of the county thathas at least 1/11 of the district's apportionment basis.
(k) Voting members representing a municipality or combination of municipalities shallbe designated and appointed by the chief executive officer of the municipality or simple majorityof chief executive officers of municipalities with the consent of the legislative body of themunicipality or municipalities.
(l) The appointment of voting members shall be made without regard to partisan politicalaffiliation from among citizens in the community.
(m) Each voting member shall be a bona fide resident of the municipality, county, orunincorporated area or areas which the voting member is to represent for at least six monthsbefore the date of appointment, and must continue in that residency to remain qualified to serveas a voting member.
(n) (i) All population figures used under this section shall be derived from the mostrecent official census or census estimate of the United States Bureau of the Census.
(ii) If population estimates are not available from the United States Bureau of Census,population figures shall be derived from the estimate from the Utah Population EstimatesCommittee.
(iii) All transit sales and use tax totals shall be obtained from the State Tax Commission.
(o) (i) The board shall be apportioned as provided under this section in conjunction withthe decennial United States Census Bureau report every 10 years.
(ii) Within 120 days following the receipt of the population estimates under thisSubsection (2)(o), the district shall reapportion representation on the board of trustees inaccordance with this section.
(iii) The board shall adopt by resolution a schedule reflecting the current and proposedapportionment.
(iv) Upon adoption of the resolution, the board shall forward a copy of the resolution toeach of its constituent entities as defined under Section 17B-1-701.
(v) The appointing entities gaining a new board member shall appoint a new memberwithin 30 days following receipt of the resolution.
(vi) The appointing entities losing a board member shall inform the board of whichmember currently serving on the board will step down:
(A) upon appointment of a new member under Subsection (2)(o)(v); or
(B) in accordance with Section 17B-2a-807.5.
(3) Upon the completion of an annexation to a public transit district under Chapter 1,Part 4, Annexation, the annexed area shall have a representative on the board of trustees on thesame basis as if the area had been included in the district as originally organized.
(4) In addition to the voting members appointed in accordance with Subsection (2), theboard shall consist of three voting members appointed as follows:
(a) one member appointed by the speaker of the House of Representatives;
(b) one member appointed by the president of the Senate; and
(c) one member appointed by the governor.
(5) (a) Except as provided in Section 17B-2a-807.5, the terms of office of the votingmembers of the board shall be four years or until a successor is appointed, qualified, seated, andhas taken the oath of office.
(b) (i) A voting member may not be appointed for more than three successive full termsregardless of the appointing entity that appoints the voting member.
(ii) A person:
(A) may serve no more than 12 years on a public transit district board of trusteesdescribed in Subsection (2)(a) regardless of the appointing entity that appoints the member; and
(B) that has served 12 years on a public transit district board of trustees described inSubsection (2)(a) is ineligible for reappointment to a public transit board of trustees described inSubsection (2)(a).
(6) (a) Vacancies for voting members shall be filled by the official appointing themember creating the vacancy for the unexpired term, unless the official fails to fill the vacancywithin 90 days.
(b) If the appointing official under Subsection (1) does not fill the vacancy within 90days, the board of trustees of the authority shall fill the vacancy.
(c) If the appointing official under Subsection (2) does not fill the vacancy within 90days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
(7) (a) Each voting member may cast one vote on all questions, orders, resolutions, andordinances coming before the board of trustees.
(b) A majority of all voting members of the board of trustees are a quorum for thetransaction of business.
(c) The affirmative vote of a majority of all voting members present at any meeting atwhich a quorum was initially present shall be necessary and, except as otherwise provided, is
sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
(8) Each public transit district shall pay to each voting member:
(a) an attendance fee of $50 per board or committee meeting attended, not to exceed$200 in any calendar month to any voting member; and
(b) reasonable mileage and expenses necessarily incurred to attend board or committeemeetings.
(9) (a) Members of the initial board of trustees shall convene at the time and place fixedby the chief executive officer of the entity initiating the proceedings.
(b) The board of trustees shall elect from its voting membership a chair, vice chair, andsecretary.
(c) The members elected under Subsection (9)(b) shall serve for a period of two years oruntil their successors shall be elected and qualified.
(d) On or after January 1, 2011, a locally elected public official is not eligible to serve asthe chair, vice chair, or secretary of the board of trustees.
(10) Except as otherwise authorized under Subsection (2)(g) and Section 17B-2a-807.5,at the time of a voting member's appointment or during a voting member's tenure in office, avoting member may not hold any employment, except as an independent contractor or locallyelected public official, with a county or municipality within the district.
(11) The Transportation Commission created in Section 72-1-301:
(a) for a public transit district serving a population of 200,000 people or fewer, mayappoint a commissioner of the Transportation Commission to serve on the board of trustees as anonvoting, ex officio member; and
(b) for a public transit district serving a population of more than 200,000 people, shallappoint a commissioner of the Transportation Commission to serve on the board of trustees as avoting member.
(12) (a) (i) Each member of the board of trustees of a public transit district is subject torecall at any time by the legislative body of the county or municipality from which the member isappointed.
(ii) Each recall of a board of trustees member shall be made in the same manner as theoriginal appointment.
(iii) The legislative body recalling a board of trustees member shall provide writtennotice to the member being recalled.
(b) Upon providing written notice to the board of trustees, a member of the board mayresign from the board of trustees.
(c) Except as provided in Section 17B-2a-807.5, if a board member is recalled or resignsunder this Subsection (12), the vacancy shall be filled as provided in Subsection (6).
Amended by Chapter 281, 2010 General Session