Section 108 - Technical college boards of directors -- Membership -- Appointments.

UT Code § 53B-2a-108 (2019) (N/A)
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(1) As used in this section: (a) "Higher education institution" means the same as that term is defined in Section 53B-2a-112. (b) "Technical college service area" means the geographic area served by each technical college as described in Section 53B-2a-105.

(a) "Higher education institution" means the same as that term is defined in Section 53B-2a-112.

(b) "Technical college service area" means the geographic area served by each technical college as described in Section 53B-2a-105.

(2) A technical college board of directors consists of: (a) one member of the local school board for each school district in the technical college service area, appointed by the local school board to which the member belongs; (b) except as provided in Subsection (3)(b), one individual who is a member of the higher education institution board of trustees, appointed by the higher education institution board of trustees; and (c) a number of individuals, appointed by the governor with the consent of the Senate, that is: (i) seven for: (A) Tooele Technical College; (B) Uintah Basin Technical College; and (C) Dixie Technical College; (ii) eight for: (A) Bridgerland Technical College; (B) Ogden-Weber Technical College; (C) Davis Technical College; and (D) Southwest Technical College; or (iii) nine for Mountainland Technical College.

(a) one member of the local school board for each school district in the technical college service area, appointed by the local school board to which the member belongs;

(b) except as provided in Subsection (3)(b), one individual who is a member of the higher education institution board of trustees, appointed by the higher education institution board of trustees; and

(c) a number of individuals, appointed by the governor with the consent of the Senate, that is: (i) seven for: (A) Tooele Technical College; (B) Uintah Basin Technical College; and (C) Dixie Technical College; (ii) eight for: (A) Bridgerland Technical College; (B) Ogden-Weber Technical College; (C) Davis Technical College; and (D) Southwest Technical College; or (iii) nine for Mountainland Technical College.

(i) seven for: (A) Tooele Technical College; (B) Uintah Basin Technical College; and (C) Dixie Technical College;

(A) Tooele Technical College;

(B) Uintah Basin Technical College; and

(C) Dixie Technical College;

(ii) eight for: (A) Bridgerland Technical College; (B) Ogden-Weber Technical College; (C) Davis Technical College; and (D) Southwest Technical College; or

(A) Bridgerland Technical College;

(B) Ogden-Weber Technical College;

(C) Davis Technical College; and

(D) Southwest Technical College; or

(iii) nine for Mountainland Technical College.

(3) (a) In appointing the members described in Subsection (2)(c), the governor shall appoint individuals who represent the interests of business, industry, or labor in the technical college service area. (b) If no member of the institution of higher education board of trustees lives within the technical college service area, the institution of higher education board of trustees may nominate an individual to be appointed by the governor with the consent of the Senate instead of appointing a member described in Subsection (2)(b).

(a) In appointing the members described in Subsection (2)(c), the governor shall appoint individuals who represent the interests of business, industry, or labor in the technical college service area.

(b) If no member of the institution of higher education board of trustees lives within the technical college service area, the institution of higher education board of trustees may nominate an individual to be appointed by the governor with the consent of the Senate instead of appointing a member described in Subsection (2)(b).

(4) (a) The governor may remove a member appointed under Subsection (2)(c) or (3)(b) for cause. (b) The governor shall consult with the president of the Senate before removing a member appointed under Subsection (2)(c) or (3)(b).

(a) The governor may remove a member appointed under Subsection (2)(c) or (3)(b) for cause.

(b) The governor shall consult with the president of the Senate before removing a member appointed under Subsection (2)(c) or (3)(b).

(5) (a) Notwithstanding Subsection (2) or 53B-2a-109(2), an individual appointed to a technical college board of directors on or before May 7, 2018, may continue to serve on the technical college board of directors until the end of the individual's current term, even if the total number of members on the technical college board of directors exceeds the number of members for the technical college board of directors described in Subsection (2). (b) Notwithstanding Subsection (2), the governor may only make an appointment described in Subsection (2)(c) if the number of members on the technical college board of directors following the appointment will be less than or equal to the number of members for the technical college board of directors described in Subsection (2).

(a) Notwithstanding Subsection (2) or 53B-2a-109(2), an individual appointed to a technical college board of directors on or before May 7, 2018, may continue to serve on the technical college board of directors until the end of the individual's current term, even if the total number of members on the technical college board of directors exceeds the number of members for the technical college board of directors described in Subsection (2).

(b) Notwithstanding Subsection (2), the governor may only make an appointment described in Subsection (2)(c) if the number of members on the technical college board of directors following the appointment will be less than or equal to the number of members for the technical college board of directors described in Subsection (2).