Board member prohibited from district employment -- Exception.

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  • (1) No elected or appointed member of the board of trustees of a local district may, while serving on the board, be employed by the district, whether as an employee or under a contract.
  • (2) No person employed by a local district, whether as an employee or under a contract, may serve on the board of that local district.
  • (3) A local district is not in violation of a prohibition described in Subsection (1) or (2) if the local district:
    • (a) treats a member of a board of trustees as an employee for income tax purposes; and
    • (b) complies with the compensation limits of Section 17B-1-307 for purposes of that member.
  • (4) This section does not apply to a local district if:
    • (a) fewer than 3,000 people in the state live within 40 miles of the local district's boundaries or primary place of employment, measured over all weather public roads; and
    • (b) with respect to the employment of a board of trustees member under Subsection (1):
      • (i) the job opening has had reasonable public notice; and
      • (ii) the person employed is the best qualified candidate for the position.
  • (5) This section does not apply to a board of trustees of a large public transit district as described in Chapter 2a, Part 8, Public Transit District Act.




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