17B-2a-905. Service area board of trustees.
(1) Except as provided in Subsection (2), (3), or (4): the initial board of trustees of a service area located entirely within the unincorporated area of a single county may, as stated in the petition or resolution that initiated the process of creating the service area: consist of the county legislative body; be appointed, as provided in Section; or 17B-1-304 be elected, as provided in Section; 17B-1-306 if the board of trustees of a service area consists of the county legislative body, the board may adopt a resolution providing for future board members to be appointed, as provided in Section, or elected, as provided in Section; and 17B-1-304 17B-1-306 members of the board of trustees of a service area shall be elected, as provided in Section, if: 17B-1-306 the service area is not entirely within the unincorporated area of a single county; a petition is filed with the board of trustees requesting that board members be elected, and the petition is signed by registered voters within the service area equal in number to at least 10% of the number of registered voters within the service area who voted at the last gubernatorial election; or an election is held to authorize the service area's issuance of bonds. If members of the board of trustees of a service area are required to be elected under Subsection (1)(a)(iii)(C) because of a bond election: board members shall be elected in conjunction with the bond election; the board of trustees shall: establish a process to enable potential candidates to file a declaration of candidacy sufficiently in advance of the election; and provide a ballot for the election of board members separate from the bond ballot; and except as provided in this Subsection (1)(b), the election shall be held as provided in Section. 17B-1-306
(2) This Subsection (2) applies to a service area created on or after May 5, 2003, if: the service area was created to provide: fire protection, paramedic, and emergency services; or law enforcement service; in the creation of the service area, an election was not required under Subsection; and 17B-1-214(3)(d) the service area is not a service area described in Subsection (3). Each county with unincorporated area that is included within a service area described in Subsection (2)(a), whether in conjunction with the creation of the service area or by later annexation, shall appoint up to three members to the board of trustees. Each municipality with an area that is included within a service area described in Subsection (2)(a), whether in conjunction with the creation of the service area or by later service area annexation or municipal incorporation or annexation, shall appoint one member to the board of trustees, unless the area of the municipality is withdrawn from the service area. Each member that a county or municipality appoints under Subsection (2)(b)(i) or (ii) shall be an elected official of the appointing county or municipality, respectively. Notwithstanding Subsection, the number of members of a board of trustees of a service area described in Subsection (2)(a) shall be the number resulting from application of Subsection (2)(b). 17B-1-302(8)
(3) This Subsection (3) applies to a service area created on or after May 14, 2013, if: the service area was created to provide fire protection, paramedic, and emergency services; in the creation of the service area, an election was not required under Subsection; and 17B-1-214(3)(d) each municipality with an area that is included within the service area or county with unincorporated area, whether in whole or in part, that is included within a service area is a party to an agreement: entered into in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, with all the other municipalities or counties with an area that is included in the service area; to provide the services described in Subsection (3)(a)(i); and at the time a resolution proposing the creation of the service area is adopted by each applicable municipal or county legislative body in accordance with Subsection. 17B-1-203(1)(e) Each county with unincorporated area, whether in whole or in part, that is included within a service area described in Subsection (3)(a), whether in conjunction with the creation of the service area or by later annexation, shall appoint one member to the board of trustees. Each municipality with an area that is included within a service area described in Subsection (3)(a), whether in conjunction with the creation of the service area or by later annexation, shall appoint one member to the board of trustees. Each member that a county or municipality appoints under Subsection (3)(b)(i) or (ii) shall be an elected official of the appointing county or municipality, respectively. A vote by a member of the board of trustees may be weighted or proportional. Notwithstanding Subsection, the number of members of a board of trustees of a service area described in Subsection (3)(a) is the number resulting from the application of Subsection (3)(b). 17B-1-302(8)
(4) This Subsection (4) applies to a service area if: the service area provides a service to a municipality in accordance with an agreement between the service area and the municipality in accordance with Title 11, Chapter 13, Interlocal Cooperation Act; the municipality is not included within the service area's boundary; the governing body of the municipality petitions the service area to request authority to appoint one member of the board of trustees of the service area; and the service area board of trustees approves the petition. The governing body of a municipality described in Subsection (4)(a) may appoint a member of a service area board of trustees as follows: the governing body shall make the appointment in accordance with: Section; or 17B-1-304 to fill a mid-term vacancy, Subsection; 20A-1-512(1) the governing body may not appoint an individual who is not a registered voter residing within the municipality; the district boundary requirement in Subsectiondoes not apply to the governing body's appointee; 17B-1-302(1) the governing body and the service area board of trustees may not shorten the term of office of any member of the board due to the governing body's appointment; notwithstanding Subsection, the number of members of the board of trustees of a service area described in Subsection (4)(a) may be odd or even; and 17B-1-302(8) if the number of members of a service area board of trustees is odd before the governing body's appointment, the member that the governing body appoints may replace a member whose term is expiring or who otherwise leaves a vacancy on the board or, if no expiring term or vacancy exists: the number of board members may temporarily be even, including the member that the governing body appoints, until an expiring term or vacancy exists that restores the board membership to an odd number; and no appointing authority may fill the expiring term or vacancy that restores the board membership to an odd number. The service area board of trustees may rescind the approval described in Subsection (4)(a) at any time. If the service area board of trustees rescinds the approval described in Subsection (4)(a) during the term of a board member that the governing body appointed, the appointee shall remain on the board for the remainder of the appointee's term.