Utah Code § 20A-1-511 — Utah Code / Title 20A / Chapter 20A-1 / § 20A-1-511
§ 20A-1-511. Midterm vacancy on a local school board.
Status: in_force

(1) (a) A local school board shall fill a vacancy on the local school board by appointment, except as otherwise provided in Subsections (1)(b) and (2). (b) The county legislative body, or municipal legislative body in a city district, shall fill a vacancy on a local school board by appointment if the local school board fails to make an appointment to fill the vacancy: (i) except as provided in Subsection (1)(b)(ii), within 30 calendar days after a vacancy occurs on the local school board; or (ii) within 45 calendar days after a vacancy occurs on the local school board due to the death of a local school board member. (c) A member appointed and qualified under this Subsection (1) shall serve until a successor is elected or appointed and qualified. (2) (a) A vacancy on the board shall be filled by an interim appointment, followed by an election to fill a two-year term if: (i) the vacancy on the board occurs, or a letter of resignation is received by the board, at least 14 calendar days before the deadline for filing a declaration of candidacy; and (ii) two years of the vacated term will remain after the first Monday of January following the next school board election. (b) A member elected under this Subsection (2) shall serve for the remaining two years of the vacated term and until a successor is elected and qualified. (3) Before appointing an individual to fill a vacancy under this section, the local school board shall: (a) immediately notify the county clerk; (b) give public notice of the vacancy at least two weeks before the local school board meets to fill the vacancy; (c) identify, in the public notice: (i) the date, time, and place of the meeting where the vacancy will be filled; and (ii) the person to whom and the date and time before which an individual interested in being appointed to fill the vacancy may submit the individual's name for consideration; and (d) in an open meeting, interview each individual whose name is submitted for consideration and who meets the qualifications for office, regarding the individual's qualifications. (4) (a) Subject to Subsection (4)(b), a local school board may appoint an individual to fill a vacancy described in Subsection (1) or (2) before the vacancy occurs if a member of the local school board submits a letter of resignation. (b) An individual appointed under Subsection (4)(a) may not take office until on or after the day on which the vacancy occurs for which the individual is appointed. (c) A member of a local school board who submits a letter of resignation under Subsection (4)(a) may not rescind the resignation after the local school board makes an appointment to fill the vacancy created by the resignation. (5) An individual seeking appointment to fill a vacancy on a local school board shall, no later than the deadline for the individual to file a financial report under Section 17-70-403: (a) complete a conflict of interest disclosure statement in accordance with Section 17-70-304; and (b) submit the conflict of interest disclosure statement to the county legislative body and the county clerk. (6) (a) The county clerk shall make each conflict of interest disclosure statement made by an individual described in Subsection (5) available for public inspection by posting an electronic copy of the statement on the county's website for at least 10 calendar days after the day on which the county legislative body appoints an individual to fill the vacancy. (b) The county clerk shall post the electronic statement described in Subsection (6)(a) no later than two business days after the day on which the county clerk receives the statement.