53A-1a-518.   Regulated transactions and relationships -- Definitions -- Rulemaking.
     (1) As used in this section:
     (a) "Charter school officer" means:
     (i) a member of a charter school's governing board;
     (ii) a member of a board or an officer of a nonprofit corporation under which a charter school is organized and managed; and
     (iii) the chief administrative officer of a charter school.
     (b) (i) "Employment" means a position in which a person's salary, wages, pay, or compensation, whether as an employee or contractor, is paid from charter school funds.
     (ii) "Employment" does not include a charter school volunteer.
     (c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
     (2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer may not be employed at a charter school.
     (b) If a relative of a charter school officer is to be considered for employment in a charter school, the charter school officer shall:
     (i) disclose the relationship, in writing, to the other charter school officers;
     (ii) submit the employment decision for the approval, by majority vote, to the charter school's governing board;
     (iii) abstain from voting on the issue; and
     (iv) be absent from any meeting when the employment is being considered and determined.
     (3) (a) A charter school officer or a relative of a charter school officer may not have a financial interest in a contract or other transaction involving a charter school in which the charter school officer serves as a charter school officer.
     (b) The provisions in Subsection (3)(a) do not apply to a reasonable contract of employment for:
     (i) the chief administrative officer of a charter school; and
     (ii) the relative of the chief administrative officer of a charter school whose employment is approved in accordance with the provisions in Subsection (2).
     (4) The State Board of Education or State Charter School Board may not operate a charter school.

Enacted by Chapter 344, 2007 General Session
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Last revised: Thursday, May 28, 2009