Midterm vacancies on local district boards.

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  • (1)
    • (a) When a vacancy occurs on any local district board for any reason, the following shall appoint a replacement to serve out the unexpired term in accordance with this section:
      • (i) the local district board, if the person vacating the position was elected; or
      • (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the appointing authority appointed the person vacating the position.
    • (b) Except as provided in Subsection (1)(c) or (d), before acting to fill the vacancy, the local district board or appointing authority shall:
      • (i) give public notice of the vacancy at least two weeks before the local district board or appointing authority meets to fill the vacancy by:
        • (A) if there is a newspaper of general circulation, as that term is defined in Section 45-1-201, within the district, publishing the notice in the newspaper of general circulation;
        • (B) posting the notice in three public places within the local district; and
        • (C) posting on the Utah Public Notice Website created under Section 63A-16-601; and
      • (ii) identify, in the notice:
        • (A) the date, time, and place of the meeting where the vacancy will be filled;
        • (B) the individual to whom an individual who is interested in an appointment to fill the vacancy may submit the individual's name for consideration; and
        • (C) any submission deadline.
    • (c) An appointing authority is not subject to Subsection (1)(b) if:
      • (i) the appointing authority appoints one of the appointing authority's own members; and
      • (ii) that member meets all applicable statutory board member qualifications.
    • (d) When a vacancy occurs on the board of a water conservancy district located in more than one county:
      • (i) the board shall give notice of the vacancy to the county legislative bodies that nominated the vacating trustee as provided in Section 17B-2a-1005;
      • (ii) the county legislative bodies described in Subsection (1)(d)(i) shall collectively compile a list of three nominees to fill the vacancy; and
      • (iii) the governor shall, with the advice and consent of the Senate, appoint an individual to fill the vacancy from nominees submitted as provided in Subsection 17B-2a-1005(2)(c).
  • (2) If the local district board fails to appoint an individual to complete an elected board member's term within 90 days, the legislative body of the county or municipality that created the local district shall fill the vacancy in accordance with the procedure for a local district described in Subsection (1)(b).






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