20A-1-512. Midterm vacancies on special district boards -- Notice.
(1) When a vacancy occurs on any special district board for any reason, the following shall appoint a replacement to serve out the unexpired term in accordance with this section: the special district board, if the person vacating the position was elected; or the appointing authority, as that term is defined in Section, if the appointing authority appointed the person vacating the position. 17B-1-102 Except as provided in Subsectionor, before acting to fill the vacancy, the special district board or appointing authority shall: (1)(c) (d) give public notice of the vacancy for at least two weeks before the special district board or appointing authority meets to fill the vacancy by publishing the notice, as a class A notice under Section, for the special district; and 63G-30-102 identify, in the notice: the date, time, and place of the meeting where the vacancy will be filled; 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 any submission deadline. An appointing authority is not subject to Subsectionif: (1)(b) the appointing authority appoints one of the appointing authority's own members; and that member meets all applicable statutory board member qualifications; or the vacancy is on the board of trustees of an infrastructure financing district with no residents within the district's boundary. When a vacancy occurs on the board of a water conservancy district located in more than one county: 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 the county legislative bodies described in Subsectionshall collectively compile a list of three nominees to fill the vacancy; and (1)(d)(i) 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 special district board fails to appoint an individual to complete an elected board member's term within 90 calendar days after the day on which the vacancy occurs, the vacancy shall be filled: in accordance with the procedure for a special district described in Subsection; and (1)(b) by, as applicable: the legislative body of the county or municipality that created the special district; or for a vacancy on a board of trustees of an infrastructure financing district, the legislative body of the county whose unincorporated area contains or the municipality whose boundary contains more of the area within the infrastructure financing district than is contained within the unincorporated area of any other county or within the boundary of any other municipality.
(3) If the body identified in Subsectionhas failed to appoint an individual to complete an elected board member's term within 90 calendar days after becoming the appointing authority under Subsectionand a board quorum, as defined in Subsection, exists, the vacancy shall be filled by the special district board in accordance with the procedure described in Subsection. (2)(b) (2)(b) 17B-1-310(1) (1)(b)