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Utah Code Title 17B. Limited Purpose Local Government Entities--Special Districts § 17B-1-311. Board member prohibited from district employment--Exception

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) No elected or appointed member of the board of trustees of a special 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 special district, whether as an employee or under a contract, may serve on the board of that special district.

(3) A special district is not in violation of a prohibition described in Subsection (1) or (2) if the special 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 special district if:

(a) fewer than 3,000 people in the state live within 40 miles of the special 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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Cite this article: FindLaw.com - Utah Code Title 17B. Limited Purpose Local Government Entities--Special Districts § 17B-1-311. Board member prohibited from district employment--Exception - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-17b-limited-purpose-local-government-entities-special-districts/ut-code-sect-17b-1-311/

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