53A-1a-518 (Superseded 07/01/11) - Regulated transactions and relationships -- Definitions -- Rulemaking.
53A-1a-518 (Superseded 07/01/11). Regulated transactions and relationships --Definitions -- Rulemaking.
(1) As used in this section:
(a) "Charter school officer" means:
(i) a member of a charter school's governing board;
(ii) a member of a board or an officer of a nonprofit corporation under which a charterschool is organized and managed; and
(iii) the chief administrative officer of a charter school.
(b) (i) "Employment" means a position in which a person's salary, wages, pay, orcompensation, whether as an employee or contractor, is paid from charter school funds.
(ii) "Employment" does not include a charter school volunteer.
(c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle,aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law,son-in-law, or daughter-in-law.
(2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer maynot be employed at a charter school.
(b) If a relative of a charter school officer is to be considered for employment in a charterschool, the charter school officer shall:
(i) disclose the relationship, in writing, to the other charter school officers;
(ii) submit the employment decision for the approval, by majority vote, to the charterschool's governing board;
(iii) abstain from voting on the issue; and
(iv) be absent from any meeting when the employment is being considered anddetermined.
(3) (a) A charter school officer or a relative of a charter school officer may not have afinancial interest in a contract or other transaction involving a charter school in which the charterschool officer serves as a charter school officer.
(b) The provisions in Subsection (3)(a) do not apply to a reasonable contract ofemployment for:
(i) the chief administrative officer of a charter school; and
(ii) the relative of the chief administrative officer of a charter school whose employmentis approved in accordance with the provisions in Subsection (2).
(4) The State Board of Education or State Charter School Board may not operate acharter school.
Enacted by Chapter 344, 2007 General Session